Free Answer to Counterclaim - District Court of Delaware - Delaware

Case 1 :05-cv—00062-GIVIS Document 22 Filed 1 1/07/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT A
FOR THE DISTRICT OF DELAWARE I
CITY OF TACOMA, :
Plaintiff & Counterclaim Defendant,
v. Civil Action No.05-62-GMS
WORLDGATE COMMUNICATIONS,
· INC., :
P Defendant & Counterclaimant.
CITY OF TACOMA’S REPLY TO COUNTERCLAIMS
S The City of Tacoma, through undersigned counsel, responds to Counts I, II, III
and vt of the Counterclaims of WorldGate Commtmications, Inc., as follows:
H l. Admitted that WorldGate Commtmications, Inc. ("WorldGate”) is a
Delaware corporation with its principal place of business in Trevose, Pennsylvania. I l
Tacoma is without knowledge or information sufficient to fonn a belief as to the truth of
the remaining allegations of paragraph l and, accordingly, they are denied.
2. Admitted.
3. Admitted.
4. Admitted.
COUNT I
BREACH OF CONTRACT ‘
5. Tacoma incorporates its preceding responses to the paragraphs of
WorldGate’s Counterclaims as if fully set forth herein. I
1 Tacoma has moved to dismiss Count IV of the Coiniterclaims and does not intend to
- waive that motion by responding to the other counts.

Case 1 :05-cv—00062-GIVIS Document 22 Filed 1 1/07/2005 Page 2 of 4 p
6. Admitted that the Click! Network executed a seven (7) year contract with
WorldGate on December 17, 1998 which is known as the Affiliation Agreement.
Tacoma denies that a complete copy of the Affiliation Agreement and its amendments is
attached to the Counterclaims as Exhibit A. Tacoma refers the Court to Exhibit A of
Tacoma’s Complaint.
7. p Denied as stated, as the Affiliation Agreement speaks for itself.
8. Denied.
9. Denied.
1 O. Denied. 1
COUNT II
BREACH OF CONTRACT
11. Tacoma incorporates its preceding responses to the paragraphs of p
WorldGate’s Connterclairns as if fully set forth herein.
12. Denied.
1 3 . Denied.
COUNT III
BREACH OF THE IMPLIED COVENAN T
OF GOOD FAITH AND FAIR DEALIN G
14. Tacoma incorporates its preceding responses to the paragraphs of
Worlc1Gate’s Counterclaims as if fully set forth herein. ·
l 5. Denied. U
U 1 6. Denied.
2

Case 1 :05-cv—00062-GIVIS Document 22 Filed 1 1/07/2005 Page 3 of 4
COUNT V
RECOUPMENT ‘
21. Tacoma incorporates its preceding responses to the paragraphs of
Wor1dGate’s Counterclaims as if fully set forth herein.
22. Denied. _ I
WHEREFORE, Tacoma demands judgment in its favor on Counts I, II, III and V V
of WorldGate’s Counterclaims, together with such other relief as the Court deems just
and proper.
. BIFFERATO GENTILOTTI BIDEN & BALICK
< Ad§n Balick (DE Bar No. 2718) A
re Ceballos (DE Bar No. 2854)
711 King Street
‘ ‘ Wihnington, DE 19801 4 _
(302) 658-4265 »
Attorneys for Plaintiff
City of Tacoma I
p Dated: November 7, 2005
`3

Case 1:05-cv—00062-G|\/IS Document 22 Filed 11/07/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I, Joanne Ceballos, hereby certify that on the 7th day of November, 2005, a copy of the
foregoing Reply to Counterclaims was served by electronic mail on the following counsel for
defendant: I
David P. Primack, Esquire
Drinker Biddle & Reath LLP
V 1100 North Market Street, Suite 1000
` Wihnington, DE 19801-1254
D21V1Cl.P1'1H1&Cl(€DdbI.COH1
Matthew Frey
Drinker Biddle & Reath LLP
One Logan Square, 18th & Cherry Streets V
Philadelphia, Pennsylvania 1 91 03 -6996
Matthew.Frey@,dbr.co1n

Joanne Ceballos