Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:04-cv-00969-KAJ

Document 17

Filed 12/30/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE SONY MUSIC ENTERTAINMENT INC., a Delaware corporation; WARNER BROS. RECORDS INC., a Delaware Corporation; UMG RECORDINGS, INC., a Delaware corporation; ARISTA RECORDS, INC., A Delaware corporation; and ATLANTIC RECORDING CORPORATION, a Delaware corporation, Plaintiffs, v. DEENA HALL, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO.: 04-0969 KAJ

DEFENDANT DEENA HALL'S ANSWER TO PLAINTIFFS' COMPLAINT

COMES NOW, Defendant, Deena Hall and provides her Answer to the Complaint herein. 1. 2. Defendant. 3. 4. Upon information and belief, admitted. For the purposes of jurisdiction, admitted. Defendant denies that she has engaged No responsive pleading is required of Answering defendant. Under jurisdiction of venue, no responsive pleading is required of Answering

in any act or regiment hereto. PARTIES 5. Answering defendant is without sufficient knowledge to either admit or deny the

averments of this paragraph. 6. Answering defendant is without sufficient knowledge to either admit or deny the

averments of this paragraph.

Case 1:04-cv-00969-KAJ

Document 17

Filed 12/30/2005

Page 2 of 3

7.

Answering defendant is without sufficient knowledge to either admit or deny the

averments of this paragraph. 8. Answering defendant is without sufficient knowledge to either admit or deny the

averments of this paragraph. 9. Answering defendant is without sufficient knowledge to either admit or deny the

averments of this paragraph. 10. Admitted. COUNT I INFRINGEMENT OF COPYRIGHTS 11. Answering Defendant incorporates its responses to paragraphs 1 through 10 as if

fully set out below. 12. Answering defendant is without sufficient knowledge or information to either

admit or deny the averments of this paragraph. 13. Answering defendant is without sufficient knowledge or information to either

admit or deny the averments of this paragraph. 14. Denied that the defendant acted without the permission or consent to the use of an

online media distribution system to download copyrighted recordings and/or distribute copyrighted recordings to the public. Defendant further denies that distributed said copyright reporting to the public. Defendant finally denies that it violated plaintiff's exclusive rights of reproduction and distribution and that her actions constituted an infringement of plaintiff's copyrights and exclusive rights under copyright. 15. 16. 17. Denied. Denied. Denied.

Case 1:04-cv-00969-KAJ

Document 17

Filed 12/30/2005

Page 3 of 3

WHEREFORE, Answering Defendant denies all liability and demand judgment in her favor, plus the costs of this action. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE Plaintiff's complaint fails to state a claim upon which relief can be granted. SECOND AFFIRMATIVE DEFENSE Plaintiff's complaint is barred in part or in full by the Statute of Limitations. WHEREFORE, Answering Defendant denies all liability and demand judgment in her favor, plus the costs of this action.

SWARTZ CAMPBELL LLC

/s/ Nicholas E. Skiles, Esquire
Nicholas E. Skiles, Esquire (I. D. #3777) 300 Delaware Avenue, Suite 1130 P.O. Box 330 Wilmington, DE 19899 (302) 656-5935 Attorneys for Defendant Deena Hall

Date: December 30, 2005