Sirsi Corporation v. Craven-Pamlico-Carteret Regional Library System

Filing 14

Plaintiff SirsiDynix's ANSWER to 8 Answer to Complaint, Counterclaim, 6 Answer to Complaint, Counterclaim, ANSWER to 8 Answer to Complaint, Counterclaim, 6 Answer to Complaint, Counterclaim, by Sirsi Corporation. (Numbers, Robert)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
Civil Action No. 4:11-cv-00059-BO
SIRSI CORPORATION d/b/a
SIRSIDYNIX,
Plaintiff,
v.
CRAVEN-PAMLICO-CARTERET
REGIONAL LIBRARY SYSTEM,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

PLAINTIFF’S ANSWER TO
DEFENDANT’S COUNTERCLAIMS

Plaintiff Sirsi Corporation d/b/a SirsiDynix (“SirsiDynix”) answers the counterclaims filed
against it by Craven-Pamlico-Carteret Regional Library System (“CPC Regional”) as follows:
28.

Plaintiff incorporates the allegations in its Complaint as if set forth fully herein.

29.

Admitted.

30.

Denied.

31.

Denied.

32.

It is admitted that in February 2009, representatives of SirsiDynix approached

representatives of CPC Regional to discuss upgrading from the Horizon software to the
Symphony software. Except to the extent admitted, the allegations of this Paragraph are denied.
33.

It is admitted that CPC Regional agreed to review a quote for an upgrade to the

Symphony software. Except to the extent admitted, the allegations of this Paragraph are denied.
34.

It is admitted that SirsiDynix provided CPC Regional with a quote for an upgrade

to the Symphony software on or about February 4, 2009. Except to the extent admitted, the
allegations of this Paragraph are denied.

35.

SirsiDynix is without sufficient knowledge or information to form a belief as to

the truth of the allegations in this Paragraph and therefore deny the same.
36.

Denied.

37.

Denied.

38.

Denied.

39.

Denied.

40.

SirsiDynix’s Complaint speaks for itself.

Therefore the allegations of this

Paragraph are denied.
41.

Denied.

42.

It is admitted that on April 15, 2009, the Director of CPC Regional signed the

Master Agreement. Except to the extent admitted, the allegations of this Paragraph are denied.
43.

The Master Agreement speaks for itself.

Therefore the allegations of this

Paragraph are denied.
44.

Denied.

45.

Denied.

46.

Denied.

47.

It is admitted that in or around June 2009, CPC Regional’s server failed and that

there was a need to replace the server. Except to the extent admitted, the allegations of this
Paragraph are denied.
48.

It is admitted that CPC Regional informed SirsiDynix that its server failed and that

there was a need to replace the server. Except to the extent admitted, the allegations of this
Paragraph are denied.

2

49.

SirsiDynix is without sufficient knowledge or information to form a belief as to

the truth of the allegations in this paragraph and therefore deny the same.
50.

SirsiDynix is without sufficient knowledge or information to form a belief as to

the truth of the allegations in this paragraph and therefore deny the same.
51.

It is admitted that in June 2009, CPC Regional contracted with SirsiDynix to

perform a platform migration from one server to another. Except to the extent admitted, the
allegations of this Paragraph are denied.
52.

It is admitted that in June 2009, SirsiDynix performed a platform migration from

one server to another. Except to the extent admitted, the allegations of this Paragraph are denied.
53.

Denied.

54.

Denied.

55.

Denied.

56.

Denied.

57.

Denied.

58.

Denied.

59.

Denied.

60.

Denied.

61.

Denied.

62.

Denied.

63.

Denied.

64.

Denied.

65.

Denied.

66.

Denied.
3

67.

Denied.

68.

Denied.

69.

Denied.

70.

SirsiDynix incorporates its responses to Paragraphs 28-69 as if set forth fully

71.

Denied.

72.

This paragraph states a legal conclusion and, therefore, it is denied.

73.

Denied.

74.

Denied.

75.

Denied.

76.

Denied.

77.

Denied.

78.

Denied.

79.

Denied.

80.

Denied.

81.

Denied.

82.

Denied.

83.

Denied.

84.

Denied.

85.

SirsiDynix incorporates its responses to Paragraphs 28-84 as if set forth fully

86.

Denied.

87.

Denied.

herein.

herein.

4

88.

SirsiDynix’s Complaint and the terms of the Master Agreement speak for

themselves. Therefore the allegations of this Paragraph are denied.
89.

Denied.

90.

Denied.

91.

Denied.

92.

Denied.

93.

Denied.

94.

SirsiDynix incorporates its responses to Paragraphs 28-93 as if set forth fully

95.

SirsiDynix’s Complaint and the terms of the Master Agreement speak for

herein.

themselves. Therefore the allegations of this Paragraph are denied.
96.

Denied.

97.

Denied.

98.

Denied.

99.

SirsiDynix’s Complaint and the terms of the Master Agreement speak for

themselves. Therefore the allegations of this Paragraph are denied.
100.

SirsiDynix is without sufficient knowledge or information to form a belief as to

the truth of the allegations in this Paragraph and therefore deny the same.
101.

Denied.

102.

Denied.

103.

Denied.

104.

Denied.

105.

Denied.
5

106.

Denied.

107.

Denied.

108.

Denied.

109.

Denied.

110.

Denied.

111.

Denied.
FIRST AFFIRMATIVE DEFENSE

CPC Regional’s counterclaims fail to state a claim upon which relief may be granted.
SECOND AFFIRMATIVE DEFENSE
CPC Regional’s claim for negligent misrepresentation is barred by its own contributory
negligence.
THIRD AFFIRMATIVE DEFENSE
CPC Regional’s damages are limited by the limitations of liability clause contained in the
agreement between the parties.
FOURTH AFFIRMATIVE DEFENSE
CPC Regional’s claims may be barred by the limitations period contained in the
agreement between the parties.
WHEREFORE, SirsiDynix requests the Court:
1.

Dismiss CPC Regional’s Counterclaims with prejudice;

2.

Award SirsiDynix its costs associated with the defense of this action, including

attorney’s fees;
3.

Order a trial by jury of all issues so triable.

This the 22nd day of July, 2011.
6

WOMBLE CARLYLE SANDRIDGE & RICE
A Professional Limited Liability Company
By:

7

/s/ Robert T. Numbers II_______________
ROBERT T. NUMBERS, II
(N.C. State Bar No. 34134)
150 Fayetteville Street, Suite 2100
Post Office Box 831
Raleigh, North Carolina 27602
[phone]
[phone] (facsimile)
Attorney for Plaintiff

CERTIFICATE OF SERVICE
This is to certify that on July 22, 2011, a copy of the foregoing was filed electronically
with the Clerk of Court using the CM/ECF system, which will send notification of such filing to
the following:
Lee W. Bettis , Jr.
The Bettis Law Firm
P. O. Box 848
New Bern, NC 28560
Email: [e-mail]
Attorney for Defendant

WOMBLE CARLYLE SANDRIDGE & RICE
A Professional Limited Liability Company
By:

8

/s/ Robert T. Numbers II_______________
ROBERT T. NUMBERS, II
(N.C. State Bar No. 34134)
150 Fayetteville Street, Suite 2100
Post Office Box 831
Raleigh, North Carolina 27602
[phone]
[phone] (facsimile)
Attorney for Plaintiff