M & J Tool, LLC: Case Study
Defendants Jennifer Storms (“Storms”) and J&J Tool, LLC (“J&J Tool”) for their Answer to the Complaint of Plaintiff M&M Home Contractors, Inc. (“M&M Contractors”), herein state and allege as follows:
ANSWER
1. Defendants deny every allegation, matter and things contained in the Complaint, except hereinafter admitted, qualified or otherwise stated.
2. Defendants are without sufficient information to admit or deny the allegations in Paragraphs 6, 7, 8, 10, 17, 20, 22, 33, 55, 60, 63, 68, and 71, and places Plaintiff to its strict proof thereof.
3. Defendants admit the allegations contained in Paragraphs 1, 2, 3, 4, 5, 9, 16, 18, 19, 21, 25, 29, 46, 47 and 53 of Plaintiff’s Complaint.
4. With respect to the Exhibits referenced in Paragraphs 13, 14, and 28 of the Complaint, Defendants state that they speak for …show more content…
Plaintiff’s Complaint fails to state a claim upon which any relief may be granted.
3. Defendants allege that, if Plaintiff sustained any damages, said damages were contributed to and/or caused by Plaintiff’s own acts or the acts of others over whom Defendants have no control of, and whose conduct cannot be imputed to the Defendants.
4. Defendants allege that any damages sustained by Plaintiff are as a result of its failure to mitigate damages.
5. Plaintiff’s claims fail on the grounds of estoppel, unclean hands, license, statute of limitations and waiver.
6. Defendants reserve the right to assert additional affirmative defenses that arise from discovery of information in this action.
7. Defendants reallege their Answers and Affirmative Defenses set forth above.
WHEREFORE, Defendants pray for judgment as follows:
1. That Plaintiff takes nothing by its Complaint.
2. That Defendants have judgment for costs and disbursements herein, including reasonable attorney's fees.
3. That the Court award such other relief as it may deem just and equitable.
ROEDER SMITH JADIN, PLLC
Dated: September 1, 2017 _S/ Jerri C. Adams_______________
Anthony T. Smith
ANSWER
1. Defendants deny every allegation, matter and things contained in the Complaint, except hereinafter admitted, qualified or otherwise stated.
2. Defendants are without sufficient information to admit or deny the allegations in Paragraphs 6, 7, 8, 10, 17, 20, 22, 33, 55, 60, 63, 68, and 71, and places Plaintiff to its strict proof thereof.
3. Defendants admit the allegations contained in Paragraphs 1, 2, 3, 4, 5, 9, 16, 18, 19, 21, 25, 29, 46, 47 and 53 of Plaintiff’s Complaint.
4. With respect to the Exhibits referenced in Paragraphs 13, 14, and 28 of the Complaint, Defendants state that they speak for …show more content…
Plaintiff’s Complaint fails to state a claim upon which any relief may be granted.
3. Defendants allege that, if Plaintiff sustained any damages, said damages were contributed to and/or caused by Plaintiff’s own acts or the acts of others over whom Defendants have no control of, and whose conduct cannot be imputed to the Defendants.
4. Defendants allege that any damages sustained by Plaintiff are as a result of its failure to mitigate damages.
5. Plaintiff’s claims fail on the grounds of estoppel, unclean hands, license, statute of limitations and waiver.
6. Defendants reserve the right to assert additional affirmative defenses that arise from discovery of information in this action.
7. Defendants reallege their Answers and Affirmative Defenses set forth above.
WHEREFORE, Defendants pray for judgment as follows:
1. That Plaintiff takes nothing by its Complaint.
2. That Defendants have judgment for costs and disbursements herein, including reasonable attorney's fees.
3. That the Court award such other relief as it may deem just and equitable.
ROEDER SMITH JADIN, PLLC
Dated: September 1, 2017 _S/ Jerri C. Adams_______________
Anthony T. Smith