Free Answer to Counterclaim - District Court of Delaware - Delaware

Case 1 :07-cv-00760-JJF Document 18 Filed 12/18/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
FELTON PETROLEUM, INC.,
a Delaware corporation,
Civil Action No.: 07-00760-JJF
Plaintiff,
v. JURY TRIAL DEMANDED
GPM INVESTMENTS, L.L.C.,
a Delaware limited liability company,
Defendant.
PLAINTIFF'S REPLY TO DEFENDANT'S COUNTERCLAIM
Plaintiff, Felton Petroleum, Inc., by and through its Lmdersigned counsel, hereby answers the
allegations of the Cotmterclaim filed by the Defendant in the above-captioned action as follows:
l. Plaintiff is without sufficient knowledge or information to admit or deny the whether
"[i]n March 2007, GLeS, Inc. assigned all its right, title and interest in the Lease and supporting
documents to GPM." The remainder of the allegations of this paragraph are admitted.
2. Admitxed.
3. Admitted.
4. Denied that Plaintiff had refused to agree to the terms on September 27, 2007. The
remaining allegations of this paragraph are admitted.
5. The allegations of Paragraph 5 call for legal conclusions, to which no response is
required, and therefore, the allegations of this paragraph are denied. i
6. Admitted. i
7. Admitted. {
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Case 1:07-cv-00760-JJF Document 18 Filed 12/18/2007 Page 2 of 3
8. The allegations of Paragraph 8 relate to the terms of the Lease, which speaks for
itself. Admitted that the Lease provides for the recovery of attorneys' fees under certain
circwnstances. The remaining allegations of this paragraph are denied.
COUNT ONE
Possession
9. Plaintiff repeats and realleges its responses to the allegations set forth in
paragraphs 1 through 8 above as though each such response were fully restated herein.
10. Denied that Defendant is entitled to take possession of the Premises on January 1,
2008 or February 1, 2008. The remaining allegations of this paragraph are admitted.
coUNr Two
Reasonable Attorneys' & Expert Witness Fees
11. Plaintiff repeats and realleges its responses to the allegations set forth in
paragraphs 1 through 10 above as though each such response were fully restated herein.
12. Denied.
13. The allegations of Paragraph 13 call for legal conclusions, to which no response is
required, and therefore, the allegations of this paragraph are denied. l
14. Denied.
15. Denied. l
FIRST AFFIRMATIVE DEFENSE
The Defenda.nts' Counterclaim fails to state a claim upon which relief may be granted.
SECOND AFFIRMATIVE DEFENSE 1
The Court lacks subject matter jurisdiction over the Defendants' Counterclaim to the U
extent it seeks summary possession of the Premises. [
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Case 1:07-cv-00760-JJF Document 18 Filed 12/18/2007 Page 3 of 3
THIRD AEEIRMATIVE DEFENSE 1
The Defendants' Counterclaim is barred by the equitable doctrines of unclean
hands, waiver and estoppel.
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WHEREFORE, Plaintiff respectfully prays that this Honorable Court dismiss Defendant's I
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Counterclaim with prejudice, grant judgment in favor of Plaintiff and against Defendant, and award
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Plaintiff its costs, reasonable attomey's fees, and such other and further relief as this Court may f
deem equitable and just.
PRICKETT, JONES & ELL1oTT, P.A.
h E JLAMA { Qui i
Jo W. Parade (DE Bar No 2767)
D. Benjamin S der (DE Bar No. 4038) ?
Kevin M. Baird (DE Bar No. 4219) (
11 North State Street (
Dover, Delaware 19901 ¤
(302) 674-3841 ;
Attorneysfor the Plczix/ttf 1
Dated: December 17, 2007 F
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Case 1:07-cv-00760-JJF Document 18-2 Filed 12/18/2007 Page 1 of 1
CERTIFICATE OF SERVICE
I, D. Benjamin Snyder, Esquire, hereby certify that on December 18, 2007, I caused a
copy of the foregoing PLAINTIF F 'S REPLY TO DEFENDANT'S COUNTERCLAIM to be
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served upon the following parties in the manner indicated.
VIA E-MAIL
Michael R. Robinson, Esquire
[email protected] ;
Saul Ewing, LLP
222 Delaware Avenue, Suite 1200
1>.o.B6X 1266
Wilmington, Delaware 19899-1266
/s/ D. Benjamin Snyder Q
D. Benjamin Snyder (#4038) 1
[email protected] ‘

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