Free Amended Answer to Complaint - District Court of Connecticut - Connecticut

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ______________________________ WASLEY PRODUCTS, INC., ET AL. : : Plaintiffs, : CASE NO. 3:03-cv-383(MRK) : V. : : BARRY LEONARD BULAKITES, : ET AL. : : Defendants. : JULY 17, 2007 ______________________________: AMENDED ANSWER AND AFFIRMATIVE DEFENSES OF DEFENDANTS BARRY L. BULAKITES, JAMES A. WINSLOW AND JOSHUA ADAMS CORPORATION TO PLAINTIFFS SECOND AMENDED COMPLAINT Defendants Barry L. Bulakites, James A. Winslow and Joshua Adams Corporation (collectively the Bulakites Defendants ),

through undersigned counsel, hereby submit this Amended Answer to the Plaintiffs 2005 as follows: I. 1. 2. 3. JURISDICTION AND VENUE Second Amended Complaint dated September 29,

Paragraph one is denied. Paragraph two is denied. Paragraph three is denied.

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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II. 4.

PARTIES

As to paragraph four, the Bulakites Defendants have

insufficient knowledge upon which to form an opinion or belief and, therefore, leave the plaintiffs to their proof. 5. As to paragraph five, the Bulakites Defendants have

insufficient knowledge upon which to form an opinion or belief and, therefore, leave the plaintiffs to their proof. 6. As to paragraph six, the Bulakites Defendants have

insufficient knowledge upon which to form an opinion or belief and, therefore, leave the plaintiffs to their proof. 7. As to paragraph seven, the Bulakites Defendants have

insufficient knowledge upon which to form an opinion or belief and, therefore, leave the plaintiffs to their proof. 8. As to paragraph eight, the Bulakites Defendants have

insufficient knowledge upon which to form an opinion or belief and, therefore, leave the plaintiffs to their proof. 9. The Bulakites Defendants admit that portion of

paragraph six which states that Barry Bulakites is an individual

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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residing in Colorado.

The rest and remaining portions of

paragraph six are denied. 10. The Bulakites Defendants admit that portion of

paragraph seven which states that James Winslow is an individual residing in Westbrook, Connecticut. The rest and remaining

portions of paragraph seven are denied. 11. 12. Paragraph eleven is denied. As to paragraph twelve, the Bulakites Defendants have

insufficient knowledge from which to form an opinion or belief and, therefore, leave the plaintiffs to their proof. 13. As to paragraph thirteen, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and, therefore, leave the plaintiffs to their proof. III. FACTS A. BACKGROUND 14. As to paragraph fourteen, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and, therefore, leave the plaintiffs to their proof.

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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15.

As to paragraph fifteen, the Bulakites Defendants have

insufficient knowledge from which to form an opinion or belief and, therefore, leave the plaintiffs to their proof. 16. As to paragraph sixteen, the Bulakites Defendants have

insufficient knowledge from which to form an opinion or belief and, therefore, leave the plaintiffs to their proof. 17. As to paragraph seventeen, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and, therefore, leave the plaintiffs to their proof. 18. As to paragraph eighteen, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and, therefore, leave the plaintiffs to their proof. 19. As to paragraph nineteen, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and, therefore, leave the plaintiffs to their proof. Notwithstanding, should the letters referenced in paragraph sixteen exist, they speak for themselves. 20. As to paragraph twenty, the Bulakites Defendants have

insufficient knowledge from which to form an opinion or belief

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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and, therefore, leave the plaintiffs to their proof. Notwithstanding, should the letter referenced in paragraph twenty exist, it speaks for itself. 21. As to paragraph twenty-one, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 22. As to paragraph twenty-two, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 23. As to paragraph twenty-three, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 24. As to paragraph twenty-four, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 25. As to paragraph twenty-five, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof.

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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26.

As to paragraph twenty-six, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 27. As to paragraph twenty-seven, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 28. As to paragraph twenty-eight, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 29. As to paragraph twenty-nine, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 30. As to paragraph thirty, the Bulakites Defendants have

insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 31. As to paragraph thirty-one, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 32. Paragraph thirty-two is admitted.

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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33.

As to paragraph thirty-three, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 34. As to paragraph thirty-four, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 35. As to paragraph thirty-five, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 36. As to paragraph thirty-six, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 37. As to paragraph thirty-seven, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 38. As to paragraph thirty-eight, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof.

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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39.

As to paragraph thirty-nine, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 40. 41. 42. Paragraph forty is admitted. Paragraph forty-one is admitted. As to paragraph forty-two, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 43. As to paragraph forty-three, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 44. As to paragraph forty-four, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 45. As to paragraph forty-five, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof.

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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46.

As to paragraph forty-six, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 47. As to paragraph forty-seven, the Bulakites Defendants

have insufficient knowledge to form an opinion or belief and, therefore, leave the plaintiffs to their proof. 48. The Bulakites Defendants deny that portion of

paragraph forty-eight which states that their services were terminated due to problems with the service provided by JAC.

As to the rest and remaining portions of paragraph forty-eight, the Bulakites Defendants have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. B. Misconduct by the Defendants 49. As to paragraph forty-nine, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof.

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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50.

As to paragraph fifty, the Bulakites Defendants have

insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 51. As to paragraph fifty-one, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 52. that As to that portion of paragraph fifty-two which states

Based upon the research and investigation conducted by the

Companies, subsequent to the termination of the Bulakites, Winslow and JAC, the Bulakites Defendants have insufficient

knowledge upon which to form an opinion or belief and, therefore, leave the plaintiffs to their proof. The Bulakites

Defendants deny the rest and remaining allegations of paragraph fifty-two, and in particular, deny all allegations of misconduct on their part, including all allegations contained in subparagraphs (a) through (m). 53. The Bulakites Defendants deny that portion of

paragraph fifty-three that implies that they are responsible for the conversion of at least $768,000 from the Plans investment

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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accounts.

As to the rest and remaining portions of paragraph

fifty-three, the Bulakites Defendants have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. CLAIMS FOR RELIEF COUNT ONE WASLEY PRODUCTS ERISA CLAIM FOR BREACH OF FIDUCIARY DUTY RE: THE PLANS (29 U.S.C. § 1132(a)(2)) 54. The Bulakites Defendants incorporate their responses

to the allegations in paragraphs 1 through 53 above as if more fully set forth herein. 55. 56. Paragraph fifty-five is denied. As to paragraph fifty-six, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 57. As to paragraph fifty-seven, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof.

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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58.

As to paragraph fifty-eight, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 59. The Bulakites Defendants deny that portion of

paragraph fifty-nine which states that the defendants were fiduciaries of the Plans. As to the rest and remaining

portions, the Bulakites Defendants have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 60. The Bulakites Defendants deny that portion of

paragraph sixty which states that the defendants were fiduciaries of the Plans. As to the rest and remaining

portions, the Bulakites Defendants have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 61. 62. Paragraph sixty-one is denied. The Bulakites Defendants deny all allegations

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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contained in paragraph sixty-two, and in particular, dispute those allegations that imply that the Bulakites Defendants were responsible for the diversion and/or conversion of plan funds. COUNT TWO 54. The Bulakites Defendants incorporate by reference

their responses to the allegations contained in paragraphs 1 through 53 above as if more fully set forth herein. 55. 56. Paragraph fifty-five is denied. As to paragraph fifty-six, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 57. As to paragraph fifty-seven, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 58. As to paragraph fifty-eight, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 59. The Bulakites Defendants deny that portion of

paragraph fifty-nine which states that the defendants were

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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fiduciaries of the Plans.

As to the rest and remaining

portions, the Bulakites Defendants have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 60. The Bulakites Defendants deny that portion of

paragraph sixty which states that the defendants were fiduciaries of the Plans. As to the rest and remaining

portions, the Bulakites Defendants have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 61. 62. Paragraph sixty-one is denied. The Bulakites Defendants deny all allegations

contained in paragraph sixty-two, and in particular, dispute those allegations that imply that the Bulakites Defendants were responsible for the diversion and/or conversion of plan funds. COUNT THREE WASLEY PRODUCTS ERISA CLAIM FOR BREACH OF FIDUCIARY DUTY RE: THE WASLEY 401(k) PLAN (29 U.S.C. § 1132(a)(2)) 54. The Bulakites Defendants incorporate by reference

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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their responses to the allegations in paragraphs 1 through 53 above as if more fully set forth herein. 55. 56. Paragraph fifty-five is denied. As to paragraph fifty-six, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 57. As to paragraph fifty-seven, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 58. As to paragraph fifty-eight, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 59. The Bulakites Defendants deny that portion of

paragraph fifty-nine which states that the defendants were fiduciaries of the Wasley 401(k) Plan. As to the rest and

remaining portions, the Bulakites Defendants have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof.

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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60.

The Bulakites Defendants deny that portion of

paragraph sixty which states that the defendants were fiduciaries of the Wasley 401(k) Plan. As to the rest and

remaining portions, the Bulakites Defendants have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 61. 62. Paragraph sixty-one is denied. The Bulakites Defendants deny all allegations

contained in paragraph sixty-two, and in particular, dispute those allegations that imply that the Bulakites Defendants were responsible for the diversion and/or conversion of plan funds. COUNT FOUR WASLEY PRODUCTS 1132(a)(3)) 54. ERISA CLAIM RE: WASLEY 401(k) PLAN (29 U.S.C. §

The Bulakites Defendants

incorporate by reference

their responses to the allegations contained in paragraphs 1 through 53 above as if more fully set forth herein. 55. Paragraph fifty-five is denied.

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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56.

As to paragraph fifty-six, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 57. As to paragraph fifty-seven, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 58. As to paragraph fifty-eight, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 59. The Bulakites Defendants deny that portion of

paragraph fifty-nine which states that the defendants were fiduciaries of the Wasley 401(k) Plan. As to the rest and

remaining portions, the Bulakites Defendants have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 60. The Bulakites Defendants deny that portion of

paragraph sixty which states that the defendants were fiduciaries of the Wasley 401(k) Plan. As to the rest and

remaining portions, the Bulakites Defendants have insufficient

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 61. 62. Paragraph sixty-one is denied. The Bulakites Defendants deny all allegations

contained in paragraph sixty-two, and in particular, dispute those allegations that imply that the Bulakites Defendants were responsible for the diversion and/or conversion of plan funds. COUNT FIVE PRECISION MOLDING S ERISA CLAIM FOR BREACH OF FIDUCIARY DUTY RE: PRECISION MOLDING 401(k) (29 U.S.C. § 1132(a)(2)) 54. The Bulakites Defendants incorporate their responses

to the allegations contained in paragraphs 1 through 53 above as if more fully set forth herein. 55. 56. Paragraph fifty-five is denied. As to paragraph fifty-six, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof.

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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57.

As to paragraph fifty-seven, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 58. As to paragraph fifty-eight, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 59. The Bulakites Defendants deny that portion of

paragraph fifty-nine which states that the defendants were fiduciaries of the Precision Molding 401(k). As to the rest

and remaining portions, the Bulakites Defendants have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 60. The Bulakites Defendants deny that portion of

paragraph sixty which states that the defendants were fiduciaries of the Precision Molding 401(k). As to the rest

and remaining portions, the Bulakites Defendants have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 61. Paragraph sixty-one is denied.

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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62.

The Bulakites Defendants deny all allegations

contained in paragraph sixty-two, and in particular, deny those allegations that imply that the Bulakites Defendants were responsible for the diversion and/or conversion of plan funds. COUNT SIX PRECISION MOLDING S ERISA CLAIM RE: PRECISION MOLDING 401(k) (29 U.S.C. § 1132(a)(3)) 54. The Bulakites Defendants incorporate by reference

their responses to the allegations contained in paragraphs 1 through 53 above as if more fully set forth herein. 55. Paragraph fifty-five is denied. 56. As to paragraph fifty-six, the Bulakites Defendants have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 57. As to paragraph fifty-seven, the Bulakites Defendants have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof.

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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58. As to paragraph fifty-eight, the Bulakites Defendants have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 59. The Bulakites Defendants deny that portion of paragraph fifty-nine which states that the defendants were the Precision Molding 401(k). fiduciaries of

As to the rest and remaining

portions, the Bulakites Defendants have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 60. The Bulakites Defendants deny that portion of paragraph sixty which states that the defendants were Precision Molding 401(k). fiduciaries of the

As to the rest and remaining

portions, the Bulakites Defendants have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 61. Paragraph sixty-one is denied. 62. The Bulakites Defendants deny all allegations

21
LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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contained in paragraph sixty-two, and in particular, deny those allegations that imply that the Bulakites Defendants were responsible for the diversion and/or conversion of plan funds. COUNT SEVEN COMMON LAW BREACH OF FIDUCIARY DUTY BY DEFENDANTS 54. The Bulakites Defendants incorporate by reference

their responses to the allegations contained in paragraphs 1 through 53 above as if more fully set forth herein. 55. 56. 57. Paragraph fifty-five is denied. Paragraph fifty-six is denied. The Bulakites Defendants deny that they committed any and that they breached any

wrongful acts or omissions

fiduciary duties to the Plaintiffs and the Plans. COUNT EIGHT

PROFESSIONAL NEGLIGENCE/MALPRACTICE BY BULAKITES, WINSLOW, JAC, PROVIDENT MUTUAL AND LINCOLN 54. The Bulakites Defendants incorporate by reference

their responses to the allegations contained in paragraphs 1 through 53 above as if more fully set forth herein.

22
LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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55. 56.

Paragraph fifty-five is denied. The Bulakites Defendants deny all allegations

contained in paragraph fifty-six, and in particular, deny that they committed any wrongful acts or omissions . COUNT NINE INTENTIONAL MISREPRESENTATION BY BULAKITES, WINSLOW, JAC AND PROVIDENT MUTUAL

54. The Bulakites Defendants

incorporate by reference

their responses to the allegations contained in paragraphs 1 through 53 above as if more fully set forth herein. 55. The Bulakites Defendants deny all allegations of paragraph fifty-five, and in particular, dispute that they engaged in any acts of misconduct or made any false

representations as alleged in subparagraphs (a) through (g). 56. Paragraph fifty-six is denied. 57. 58. 59. 60. Paragraph fifty-seven is denied. Paragraph fifty-eight is denied. Paragraph fifty-nine is denied. Paragraph sixty is denied.

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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COUNT TEN NEGLIGENT MISREPRESENTATION AGAINST BULAKITES, WINSLOW, JAC AND PROVIDENT MUTUAL

54. The Bulakites Defendants

incorporate by reference

their responses to the allegations contained in paragraphs 1 through 53 above as if more fully set forth herein. 55. The Bulakites Defendants deny all allegations of paragraph fifty-five, and in particular, dispute that they engaged in any acts of misconduct or that that they made any

negligent representations as alleged in subparagraphs (a) through (g). 56. Paragraph fifty-six is denied. 57. Paragraph fifty-seven is denied. 58. Paragraph fifty-eight is denied. COUNT ELEVEN UNFAIR TRADE PRACTICES AGAINST BULAKITES, WINSLOW, JAC AND PROVIDENT MUTUAL 61. The Bulakites Defendants incorporate by reference

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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their responses to the allegations contained in paragraphs 1 through 60 of the NINTH COUNT as if more fully set forth herein. 62. As to paragraph sixty-two, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. 63. 64. Paragraph sixty-three is denied. The Bulakites Defendants deny all allegations of

paragraph sixty-four, and in particular, dispute that they engaged in any 65. acts of misconduct.

Paragraph sixty-five is denied. COUNT TWELVE

BREACH OF IMPLIED-IN-FACT CONTRACT AGAINST BULAKITES, WINSLOW, JAC AND PROVIDENT MUTUAL 59. The Bulakites Defendants incorporate by reference

their responses to the allegations contained in paragraphs 1 through 58 of the TENTH COUNT as if more fully set forth herein. 60. 61. Paragraph sixty is denied. Paragraph sixty-one is denied.

25
LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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COUNT THIRTEEN BREACH OF IMPLIED-IN-FACT CONTRACT AGAINST BULAKITES, WINSLOW, JAC AND LINCOLN 54. The Bulakites Defendants incorporate by reference

their responses to the allegations contained in paragraphs 1 through 53 above as if more fully set forth herein. 55. 56. Paragraph fifty-five is denied. As to paragraph fifty-six, the Bulakites Defendants

have insufficient knowledge from which to form an opinion or belief and therefore, leave the plaintiffs to their proof. COUNT FOURTEEN COMMON LAW CONVERSION AGAINST BULAKITES, WINSLOW, JAC, PROVIDENT MUTUAL AND LINCOLN 54. The Bulakites Defendants incorporate by reference

their responses to the allegations contained in paragraphs 1 through 53 above as if more fully set forth herein. 55. The Bulakites Defendants deny all allegations of

paragraph fifty-five, and in particular, dispute that they liable for the conversion of the Plans assets.

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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56.

Paragraph fifty-six is denied.

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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AFFIRMATIVE DEFENSES First Affirmative Defense To the extent that Plaintiffs have suffered loss or damage, all such loss or damage, if any, was caused by the acts and conduct of the Plaintiffs and not by the acts and conduct of the Bulakites Defendants. Second Affirmative Defense Plaintiffs claims are barred, in whole or in part, by the

applicable statute of limitations. Third Affirmative Defense Plaintiffs claims are barred, in whole or in part, by the

doctrine of laches. Fourth Affirmative Defense The Bulakites Defendants acted in good faith and Plaintiffs are not entitled to recover attorneys Bulakites Defendants. Fifth Affirmative Defense Plaintiffs claims are barred, in whole or in part, by the fees and costs from the

doctrine of unclean hands.

28
LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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Respectfully submitted, THE BULAKITES DEFENDANTS Barry L. Bulakites, James A. Winslow, and Joshua Adams Corporation

BY: ____________________________ STEVEN J. ERRANTE, ESQ. ERIC P. SMITH, ESQ. MARISA A. BELLAIR, ESQ. Fed. Bar No. ct04292 Lynch, Traub, Keefe, & Errante 52 Trumbull Street New Haven, CT 06510 Telephone: 203-787-0275 Facsimile: 203-782-0278

29
LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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CERTIFICATION This is to certify that a copy of the foregoing was e-filed and e-mailed on July 17, 2007 to all counsel and pro se parties of record as follows: Joseph V. Meaney, Jr., Esq. Cranmore, Fitzgerald & Meaney 49 Wethersfield Avenue Hartford, CT 06114 Ian O. Smith, Esq. Thomas G. Moukawsher, Esq. Moukawsher & Walsh Capitol Place 21 Oak Street, Ste. 209 Hartford, CT 06106 Deborah S. Freeman, Esq. Sara R. Simeonidies, Esq. Bingham & McCutchen One State Street Hartford, CT 06103 James J. Reardon, Esq. Thomas G. Rohback LeBeouf, Lamb, Greene & MacRae 225 Asylum Street Hartford, CT 06103

30
LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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Jean Elizabeth Tomasco, Esq. Theodore J. Tucci, Esq. Robinson & Cole 280 Trumbull Street Hartford, CT 06103 Telephone: 860-275-8323 Facsimile: 860-275-8299

____________________________ Steven J. Errante, Esq.

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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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