SANDLER v. CALCAGNI et al

Filing 72

Answer to Answer to Crossclaim, 71 and Crossclaim against Defendant Peter Mars by PETERS MARS. (DRUARY, J.)

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SANDLER v. CALCAGNI et al Doc. 72 UNITED STATES DISTRICT COURT DISTRICT OF MAINE ) ) ) Plaintiff ) ) vs. ) ) MIA CALCAGNI, RALPH CALCAGNI, ) MAUREEN CALCAGNI, PETER ) MARS, and BOOKSURGE, LLC, ) ) Defendants ) ) SHANA SANDLER, Case No. 1:07-cv-00029 ANSWER OF PETER MARS TO CROSS-CLAIM OF CALCAGNI DEFENDANTS 1. 2. 3. 4. 5. Defendant Mars admits the allegations of paragraph 1. Defendant Mars admits the allegations of paragraph 2. Defendant Mars admits the allegations of paragraph 3. Defendant Mars admits the allegations of paragraph 4. The allegations of paragraph 5 relate to prior pleadings of the Calcagni defendants. Denied by defendant Mars to the extent necessary. 6. 7. Defendant Mars denies the allegations of paragraph 6. Defendant Mars denies the allegations of paragraph 7. Wherefore, defendant Peter Mars requests that the cross-claim of the Calcagni defendants be dismissed and for such other and further relief as the court deems just and proper. FIRST AFFIRMATIVE DEFENSE The cross-claim of the Calcagni defendants fails to state a claim upon which relief may be granted. 1 Dockets.Justia.com SECOND AFFIRMATIVE DEFENSE The cross-claim of the Calcagni defendants is barred or reduced by the fault or negligence of the Calcagni defendants. THIRD AFFIRMATIVE DEFENSE The Calcagni defendants cross-claims are barred by the doctrines of waiver, estoppel, latches, or unclean hands. FOURTH AFFIRMATIVE DEFENSE Defendant Mars incorporates the affirmative defenses set forth in his answer to the amended complaint filed against him by plaintiff Shanda Sandler as if fully set forth at this point. Dated at Waterville, Maine, this 14th day of November 2007. /s/ J. William Druary, Jr. ___________________________________ J. William Druary, Jr., Esquire Attorney for Defendant Peter Mars MARDEN, DUBORD, BERNIER & STEVENS 44 Elm Street, P.O. Box 708 Waterville, ME 04903-0708 (207) 873-0186 2