Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00820-MPT

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE REDWOOD CAPITAL ADVISORS, LLC, Plaintiff, v. PENSACOLA CS HOTEL GROUP, LLC, Defendant. ) ) ) ) ) ) ) ) )

Case No. 07-820

ANSWER

NOW COMES the Defendant, Pensacola CS Hotel Group, LLC, by its undersigned attorneys, and for its Answer to Plaintiff's Complaint states as follows: 1. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations contained in Paragraph 1 of Plaintiff's Complaint, and therefore denies the same and puts Plaintiff to its proof thereon. 2. 3. Admits the allegations contained in Paragraph 2 of Plaintiff's Complaint. The allegations in Paragraph 3 are legal conclusions for which an Answer is not

necessary or required; to the extent and answer is deemed necessary or required, denies the same and puts Plaintiff to its proof thereon. 4. The allegations in Paragraph 4 are legal conclusions for which an Answer is not

necessary or required; to the extent and answer is deemed necessary or required, denies the same and puts Plaintiff to its proof thereon.

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5.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations contained in Paragraph 5 of Plaintiff's Complaint, and therefore denies the same and puts Plaintiff to its proof thereon. 6. Denies knowledge and information sufficient to form a belief as to the truth of the

allegations contained in Paragraph 6 of Plaintiff's Complaint, and therefore denies the same and puts Plaintiff to its proof thereon. 7. Denies knowledge and information sufficient to form a belief as to the truth of the

allegations contained in Paragraph 7 of Plaintiff's Complaint, and therefore denies the same and puts Plaintiff to its proof thereon. 8. In answering Paragraph 8 of Plaintiff's Complaint, admits that Defendant

executed a Promissory Note in the amount of $100,000.00 on April 10, 2007, a copy of which is attached to Plaintiff's Complaint as Exhibit A. Denies knowledge and information sufficient to

form a belief as to the truth of the remaining allegations contained in Paragraph 8 of Plaintiff's Complaint, and therefore denies the same and puts Plaintiff to its proof thereon. 9. Admits the allegations contained in Paragraph 9 of Plaintiff's Complaint.

Affirmatively alleges that Exhibit A to Plaintiff's Complaint speaks for itself. 10. Admits the allegations contained in Paragraph 10 of Plaintiff's Complaint.

Affirmatively alleges that Exhibit A to Plaintiff's Complaint speaks for itself. 11. Admits the allegations contained in Paragraph 11 of Plaintiff's Complaint.

Affirmatively alleges that Exhibit A to Plaintiff's Complaint speaks for itself. 12. Admits the allegations contained in Paragraph 12 of Plaintiff's Complaint.

Affirmatively alleges that Exhibit A to Plaintiff's Complaint speaks for itself.

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13.

Admits

the

allegations

contained

in Paragraph 13

of Plaintiff's

Complaint.

Affirmatively alleges that Exhibit A to Plaintiff's Complaint speaks for itself. 14. 15. Admits the allegations contained in Paragraph 14 of Plaintiff's Complaint. In answering Paragraph 15 of Plaintiff's Complaint, admits that Defendant has Denies knowledge and information

not paid the amount due under the Promissory Note.

sufficient to form a belief as to the truth of the remaining allegations contained in Paragraph 15 of Plaintiff's Complaint, and therefore denies the same and puts Plaintiff to its proof thereon. 16. In answering Paragraph 16 of Plaintiff's Complaint, Defendant realleges and

incorporates by reference the preceding Paragraphs of its Answer as if fully set forth herein. 17. The allegations in Paragraph 17 are legal conclusions for which an Answer is not

necessary or required; to the extent and answer is deemed necessary or required, denies the same and puts Plaintiff to its proof thereon. 18. 19. 20. Denies the allegations contained in Paragraph 18 of Plaintiff's Complaint. Denies the allegations contained in Paragraph 18 of Plaintiff's Complaint. In answering Paragraph 20 of Plaintiff's Complaint, Defendant realleges and

incorporates by reference the preceding Paragraphs of its Answer as if fully set forth herein. 21. 22. 23. Denies the allegations contained in Paragraph 21 of Plaintiff's Complaint. Denies the allegations contained in Paragraph 22 of Plaintiff's Complaint. Further answering by way of an affirmative defense applicable to all claims for

relief, Defendant alleges Plaintiff's Complaint fails to state a claim upon which relief may be granted. 24. Further answering by way of an affirmative defense applicable to all claims for

relief, Defendant alleges Plaintiff's actions resulted in an increased price for the property

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described in Plaintiff's Complaint which, in whole or in part, resulted in Defendant's inability to pay Plaintiff. 25. Further answering by way of an affirmative defense applicable to all claims for

relief, Defendant alleges Plaintiff may have failed to mitigate its damages as required by law. 26. Further answering by way of an affirmative defense applicable to all claims for

relief, Defendant alleges some or all of the Promissory Note is unenforceable. WHEREFORE, Defendant demands judgment against Plaintiff dismissing Plaintiff's

Complaint on its merits, with prejudice and with costs, and awarding Defendant such other relief the Court deems just and appropriate. Dated this 7th day of January, 2008.

/s/ Beth H. Christman BETH H. CHRISTMAN, ESQUIRE I.D. No. 2107 Casarino, Christman & Shalk, P.A. 800 North King Street, Suite 200 P.O. Box 1276 Wilmington, DE 19899 (302) 594-4500 Attorney for Defendant

OF COUNSEL: AXLEY BRYNELSON, LLP Lori M. Lubinsky Attorneys for Defendant Pensacola CS Hotel Group, LLC P.O. Box 1767 Madison, WI 53701-1767 (608) 257-5661

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CERTIFICATE OF SERVICE

I, BETH H. CHRISTMAN, hereby certify that I have E-FILED on this 7th day of January, 2008, true and correct copies of the attached Defendant's Answer addressed to:

Sarah E. DiLuzio, Esquire Hercules Plaza, 6th Floor 1313 North Market Street P.O. Box 951 Wilmington, DE 19801

/s/ Beth H. Christman BETH H. CHRISTMAN, ESQUIRE I.D. No. 2107 Casarino, Christman & Shalk, P.A. 800 North King Street, Suite 200 P.O. Box 1276 Wilmington, DE 19899 (302) 594-4500