CoStar Realty Information, Inc. et al v. Atkinson Hunt et al

Filing 38

ANSWER to Crossclaim of Resource Realty of Southern New Jersey and, CROSSCLAIM against Resource Realty of Southern New Jersey by Atkinson Hunt.(Gorman, Francis)

CoStar Realty Information, Inc. et al v. Atkinson Hunt et al

Doc. 38

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND Southern Division COSTAR REALTY INFORMATION, INC., et al. Plaintiffs, v. ATKINSON HUNT, et al. Defendants. * Case No.: 8:06-CV-00655-PJM * * * * * * * * * * * * * * * *

DEFENDANT ATKINSON HUNT'S ANSWER TO THE CROSS CLAIMS OF DEFENDANT RESOURCE REALTY AND CROSS CLAIMS Defendant Laser Marketing, Inc., trading under the name "Atkinson Hunt," answers the Cross Claims filed against it by Defendant Resource Realty, and says as follows: 1. Answering the First Count of the Cross Claims, Atkinson Hunt denies the

averments of Defendant Resource Realty. 2. Answering the Second Count of the Cross Claims, Atkinson Hunt denies

the averments of Defendant Resource Realty. ADDITIONAL AND AFFIRMATIVE DEFENSES 3. 4. 5. granted. 6. Defendant Resource Realty lacks privity with Atkinson Hunt. This Court lacks jurisdiction over Atkinson Hunt. This District is not a proper venue for this action. The Cross Claims fail to state a cause of action upon which relief can be

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Defendant Resource Realty has unclean hands, and Defendant Resource

has otherwise conducted its activities and business in an inequitable manner. 8. 9. 10. 11. 16. 17. 18. Defendant Resource Realty acted with contributory negligence. Defendant Resource Realty is estopped by its own conduct . Defendant Resource Realty is barred by laches. Defendant Resource Realty is barred by limitations. Defendant Resource Realty has no damages. Defendant Resource Realty has failed to mitigate damages. Atkinson Hunt relied upon the representations, assurances and

statements made by Defendant Resource Realty. 19. 20. Defendant Resource Realty's cross claims fail for lack of consideration. Defendant Resource Realty extended its license to Atkinson Hunt.

WHERFORE, having fully responded, Atkinson Hunt prays that Defendant Resource Realty's Cross Claims be dismissed, that Atkinson Hunt be awarded its attorney's fees and costs, and that Atkinson Hunt be granted such other and further relief as may be just, necessary, or otherwise appropriate. _________/S/_________ Francis J. Gorman, P.C. Michael S. Yang Gorman & Williams Two North Charles Street Baltimore, Maryland 21201 [phone] (telephone) [phone] (facsimile)

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CROSS CLAIMS AGAINST RESOURCE REALTY Atkinson Hunt cross claims against Defendant Resource Realty of Southern New Jersey as follows: COUNT I Atkinson Hunt denies and has denied any and all liability to Plaintiffs. In the event Atkinson Hunt is held liable to Plaintiffs, Atkinson Hunt demands contribution from Defendant Resource Realty. WHEREFORE, Atkinson Hunt demands judgment against Defendant Resource Realty, individually, jointly and/or severally for compensatory and consequential damages, attorney's fees and expenses, cost of this suit and such other and further relief as the Court may deem just. COUNT II Atkinson Hunt denies and has denied any and all liability to Plaintiffs. In the event Atkinson Hunt is held liable to Plaintiffs, Atkinson Hunt demands indemnity from Defendant Resource Realty. WHEREFORE, Atkinson Hunt demands judgment against Defendant Resource Realty, individually, jointly and/or severally for compensatory and consequential damages, attorney's fees and expenses, cost of this suit and such other and further relief as the Court may deem just.

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DEMAND FOR JURY TRIAL Defendant Atkinson Hunt demands trial by jury pursuant to Rule 38 of the Federal Rules of Civil Procedure. ________/s/_____________ Francis J. Gorman, P.C. Michael S. Yang Gorman & Williams Two North Charles Street Baltimore, Maryland 21201 [phone] (telephone) [phone] (facsimile) CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 19th day of October, 2006, a copy of the foregoing Defendant Atkinson Hunt's Answer To Cross Claims was filed and served in accordance with the Court's CM/ECF guidelines upon: Alan Saul Dalinka DLA Piper Rudnick Gray Cary US LLP 203 N. LaSalle St., Ste 1900 Chicago, Illinois 60601 Hugh J. Marbury DLA Piper Rudnick Gray Cary US LLP 6225 Smith Avenue Baltimore, Maryland 21209-3600 Keith R. Truffer Royston Mueller McLean and Reid LLP 102 W. Pennsylvania Ave., Ste. 600 Towson, Maryland 21204 Attorney for Defendant Resource Realty of Southern New Jersey

_________/s/___________ Francis J. Gorman

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