Free Reply - District Court of Arizona - Arizona

1 2 3 40 North Center, Suite 200 4 Mesa, Arizona 85201 (480) 464-1111 5 Attorneys for Plaintiff By: Brad Weech, Bar No. 011135 6 Jeremy S. Geigle, Bar No. 021786 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA No. CIV-04-595 PHX MHM REPLY TO COUNTERCLAIM 11 12 v. 13 AMBASSADOR OF GLOBAL MISSIONS UN LIMITED, AND HIS SUCCESSOR, A 14 CORPORATION SOLE, a Nevada corporation sole; JOSEPH L. WILLIAMS and JANE DOE 15 WILLIAMS, husband and wife; WILLIAM JOE LITTLE, JR. and JANE DOE LITTLE, 16 husband and wife, 17 18 19 20 21 22 23 Plaintiff replies as follows: 1. 2. 3. 4. Paragraph 1 is admitted. Paragraph 2 is admitted. Plaintiff admits jurisdiction and venue are proper in this District. Plaintiff admits it agreed to transfer one asset of the estate and denies the remainder of Defendants/Counterclaimants. Assigned to the Honorable: Mary H. Murguia Plaintiff/Counterdefendant,

9 ESTATE OF JOSEPH J. STUDNEK, by and through its PERSONAL REPRESENTATIVE, 10 JOSEPH M. STUDNEK,

24 Paragraph 4. 25 26 Case 2:04-cv-00595-MHM Document 66 Filed 09/06/2005 Page 1 of 3

1

5.

Plaintiff admits a letter was provided, however, the letter was only part of the

2 consideration promised to Plaintiff. Plaintiff alleges that a mere letter acknowledging the transfer does 3 not constitute consideration for the same. 4 6. Paragraph 6 is denied in that Plaintiff denies it had any duty to transfer the remaining

5 assets of the estate. 6 7. Plaintiff incorporates by this reference its responses to paragraphs 1 through 6 of

7 Defendants counterclaim. (Defendant erroneously alleged Paragraph 7 itself and the unstated Paragraph 8 8.) 9 8. Paragraph 8 is denied. Plaintiff admits that it entered into a contract to transfer one asset

10 of the estate. 11 9. Plaintiff admits transferring one piece of property to Defendants. The remaining

12 allegations of Paragraph 9 are denied. 13 14 10. 11. Paragraph 10 is denied. Upon information and belief, Defendant has incurred and is incurring attorneys' fees and

15 costs; however, Plaintiff denies that Defendant is entitled to any type of reimbursement for the same. 16 12. Plaintiff denies each and every allegation of Defendant's Counterclaim not expressly

17 admitted herein. 18 19 13. AFFIRMATIVE DEFENSES Defendant's Counterclaim fails to state a claim upon which relief can be granted and

20 therefore should be dismissed. 21 14. Plaintiff alleges failure of consideration and fraud and any other affirmative defenses

22 available to Plaintiff under Rule 8 of the Federal Rules of Civil Procedure. 23 WHEREFORE, Plaintiff requests that Defendant's Counterclaim be dismissed and that Plaintiff

24 be awarded its attorneys' fees and costs incurred herein. 25 26 Case 2:04-cv-00595-MHM Document 66 2 Filed 09/06/2005 Page 2 of 3

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DATED this _______ day of September, 2005. JACKSON WHITE, P.C.

3 4 5 6 7 8 ORIGINAL of the foregoing electronically 9 filed with the Clerk of the United States District Court this ________ day of 10 September, 2005 11 The Honorable Mary H. Murguia 12 13 COPY of the foregoing faxed this same date to: 14 Debra A. Hill 15 Ronda Fisk OSBORN, MALEDON, P.A. 16 2929 North Central Avenue, Suite 2100 Phoenix, Arizona 85012-2794 17 Attorney for Defendants 18 By: 19 20 21 22 23 24 25 26 Case 2:04-cv-00595-MHM Document 66 3 Filed 09/06/2005 Page 3 of 3
F:\STU\Studnek, Joe\Global Missions\Pldgs\Reply to counterclaim.wpd

By Bradley D. Weech Jeremy S. Geigle Attorneys for Plaintiff