Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:04-cv-00381-GMS

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Filed 03/07/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

JONATHAN G. DAHMS, Plaintiff v. CIVIGENICS, INC., HARRY COYLE, and FRANK COSTON. Defendants

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Civil Action No. 04-381-GMS

ANSWER OF DEFENDANTS, HARRY COYLE AND FRANK COSTON, TO PLAINTIFF'S COMPLAINT Defendants, Harry Coyle and Frank Coston, by and through their undersigned counsel, hereby answer the complaint filed by Plaintiff, Jonathan G. Dahms denying each and every averment except as to those expressly admitted below. I. After reasonable investigation, Defendants are unable to admit or deny the averments

contained in this section. II. III. Defendants specifically deny the factual averments contained in this section. Defendants admit only that Plaintiff is only Jonathan G. Dahms and that Defendants are

identified as Civigenics, Inc., Harry Coyle and Frank Coston. Defendants deny all other factual averments in this section. IV. Defendants specifically deny any and all factual averments contained in Plaintiff's

Statement of Claims. V. Defendants deny that Plaintiff is entitled to any relief. WHEREFORE, Defendants, Harry Coyle and Frank Coston, request that this Honorable

Case 1:04-cv-00381-GMS

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Court dismiss Plaintiff's Complaint, enter judgment in their favor and access costs and attorney fees against the Plaintiff. FIRST AFFIRMATIVE DEFENSE Plaintiff has failed to state a claim upon which relief can be granted. SECOND AFFIRMATIVE DEFENSE Plaintiff's claims are barred by the applicable Statute of Limitations. THIRD AFFIRMATIVE DEFENSE Plaintiff's claims are barred by doctrines of waiver, estoppel, and laches. FOURTH AFFIRMATIVE DEFENSE Defendants acted at all times in good faith and for legitimate and nondiscriminatory reasons. FIFTH AFFIRMATIVE DEFENSE Defendants' actions or inactions were not the proximate, legal, or substantial cause of any damages, injury or loss suffered by Plaintiff, the existence of which is denied. SIXTH AFFIRMATIVE DEFENSE Plaintiff's claims are barred by the Prisoner Litigation Reform Act. WHEREFORE, Defendants request that this Honorable Court dismiss Plaintiff's Complaint, enter judgment in their favor, and assess costs and attorney fees against the Plaintiffs. REGER RIZZO KAVULICH & DARNALL LLP By: /s/ Carol J. Antoff Carol J. Antoff, Esquire 1001 Jefferson Street, Suite 202 Wilmington, DE 19801 (302)652-3611 (Phone) (302)652-3620 (Facsimile)

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Carla Maresca, Esquire Deasey, Mahoney & Bender 1800 John F. Kennedy Boulevard Suite 1300 Philadelphia, PA 19103-2978 Ph:(215)587-9400 Attorneys for Defendants, Harry Coyle and Frank Coston

Case 1:04-cv-00381-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

JONATHAN G. DAHMS, Plaintiff v. CIVIGENICS, INC., HARRY COYLE, and FRANK COSTON. Defendants

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Civil Action No. 04-381-GMS

CERTIFICATE OF SERVICE I, Carol J. Antoff, Esquire, do hereby certify that copies of the foregoing Answer of Defendants Harry Coyle and Frank Coston to Plaintiff's Complaint were served by First Class Mail, postage prepaid on the following pro se Plaintiff on March 7, 2006:

Jonathan G. Dahms 4552 Bleigh Ave. Phila., PA 19136 Pro Se REGER RIZZO KAVULICH & DARNALL, LLP

/s/ Carol J. Antoff CAROL J. ANTOFF, ESQUIRE I.D. No. 3601 1001 Jefferson Street, Suite 202 Wilmington, DE 19801 (302)652-3611 Attorney for Defendants, Harry Coyle and Frank Coston