Free Answer to Counterclaim - District Court of Delaware - Delaware

L Case 1 :07-cv-0O470—GI\/IS Document 10 Filed 09/1 1/2007 Page 1 of 4
Q IN THE UNITED STATES DISTRICT COURT
1 FOR THE DISTRICT OF DELAWARE
. CARLOS EDUARDO LARA ELIAS, )
siamirr, i
v. g CA. No. 1:O7—cv—470 (GMS)
P BAJ A CAPITAL PARTNERS, LLC g
and RICHARD A. ALBERTI, )
Defendants. E
1 PLAINTIFIPS REPLY T0 COUNTERCLAIM
i Plaintiff Carlos Eduardo Lara Elias ("Dr. Lara"), by his attorneys, Potter
Anderson & Corroon LLP, responds to the counterclaim of Defendants Baja Capital Partners,
LLC (“BCP") and Richard A. Alberti ("Alberti") as follows:
COUNTERCLAIM —— COUNT I
1. As to Paragraph 41 of Defendants’ Answer and Counterclaim, Plaintiff
admits that Plaintiff and Defendant BCP entered into an Agreement dated as of October l, 2005,
and an Agreement dated as of June 6, 2006 (the ‘°BCP—Lara Agreements"), and Plaintiff
respectfully refers this Court to those documents for the terms and conditions thereof] and
otherwise denies the allegations of Paragraph 41.
E 2. As to Paragraph 42 of Defendants Answer and Counterclaim, Plaintiff
admits that certain monies were provided to Dr. Lara under the terms of the BCP-Lara
Agreements, and Plaintiff respectfully refers this Court to those documents for the terms and
conditions thereof] and otherwise deny the allegations of Paragraph 42.

Case 1:07-cv-00470—G|\/IS Document 10 Filed O9/11/2007 Page 2 of 4
_ 3. As to Paragraph 43 of Defendants’ Answer and Counterclairn, Plaintiff
‘ neither admits nor denies, as no factual allegation has been made but only legal conclusions to
which no response is required, and states that by virtue of Defendants’ asking the Court to create
a security interest, Defendants admit they have no rights to maintain possession of Certificates of
_ Deposits Nos. 7921536 and 388765.
COUNTERCLAIM ···— COUNT II
4. As to Paragraph 44 of Defendants’ Answers and Counterclaiin, Plaintiff
admits that Plaintiff, Defendant Alberti and Non—Party Alfonso Posada entered into an agreement
dated as of November 18, 2005 (the "Lara~Alberti—Posada Agreement"), and Plaintiff
respectfully refers this Court to that document for the terms and conditions thereof and
otherwise deny the allegations of Paragraph 44.
COUNTERCLAIM ~— COUNT III
5. As to Paragraph 45 of Defendants Answer and Counterelaim, Plaintiff
U neither admits nor denies the allegations of that paragraph, and states that a separate agreement
dated November 19, 2005 exists between Plaintiff; Plaintiffs brother Luis Jorge Lara Elias, Raul
Castro Quintero, and Defendant BCP concerning the Banamex certificates of deposit and,
moreover, that agreement is irrelevant to the parties’ dispute over possession ofthe Bancomer
certificates of deposit.

I Case 1:07-cv-00470—G|\/IS Document 10 Filed O9/11/2007 Page 3 of 4
2 AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
. The allegations ofthe Counterclaim fail to state claims upon which relief may be
granted.
WHEREFORE, Plaintiff Dr. Carlos Eduardo Lara Elias requests entry of
judgment in his favor on D€f€Hd&HtS’ Cotmterclaim, and such other and further relief as this
Court may deem just and equitable.
POTTER ANDERSON & CORROON LLP
Michaai D. oemm (ro N )
Daniel F. Wolcott, Jr. (ID No. ` 4)
David E. Moore (ID No. 3983)
1313 North Market Street--6th Floor
RO. Box 951
Wilmington, Delaware 19899-0951
Q (302) 984-6000
Fax: (302) 658-1192
Attorneys jhr Pi'czint:g§’Carl0s Eduardo Lam Elias
; Date: September ll, 2007
OF COUNSEL:
Ailerr C. Wasserman
Gregory T. Casamento
LORD BISSELL & BROOK, LLP
885 Third Avenue
New York, New York 10022
(212) 812-8325
Fax: (212) 8l2·—8385
[812:154]
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. Case 1:07-cv-00470—G|\/IS Document 10 Filed O9/11/2007 Page 4 of 4
I CERTIFICATE OF SERVICE
I I hereby certify that on September ll, 2007 a copy of Plaintiffs Reply to
Counterclaim was served by regular United States mail upon the following counsel of record:
E Richard A. Alberti, Esquire
113 St. Tropez Circle
Beaver Falls, Pennsylvania 15010
DANIEL F. WOLCOTT, JR' (ID i o. 284)
[818154}
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