MAJOR LEAGUE BASEBALL PLAYERS ASSOCIATION v. S.F. ADVISORS, LLC et al

Filing 18

MAJOR LEAGUE BASEBALL PLAYERS ASSOCIATION v. S.F. ADVISORS, LLC et al

Doc. 18

Case 2:06-cv-05211-JCJ

Document 18

Filed 12/20/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF PENNSYLVANIA
: MAJOR LEAGUE BASEBALL : PLAYERS ASSOCIATION : Plaintiff, : : v. : : S.F. ADVISORS, LLC, D/B/A : AFFINITY CLUB NETWORK, LLC, : JOHN LAROCCA, RAVI V. KOTHARE, : AND DAVID M. MASER : Defendants. : _______________________________________ :

Case No.: 06-5211

ANSWER OF DEFENDANT, JOHN LAROCCA, TO THE COMPLAINT 1-3. 4. DENIED. DENIED. It is denied that the defendant, John LaRocca, is an owner of S.F. Advisors,

LLC. On the contrary, Mr. LaRocca is not an owner, officer, director, shareholder, or otherwise associated with this defendant. Moreover, Mr. LaRocca did not incorporate this defendant nor did he serve as counsel to the defendant at any time. 5-88. DENIED. FIRST AFFIRMATIVE DEFENSE The defendant, John LaRocca, is not an officer, director, shareholder, agent, officer and/or employee of defendant S.F. Advisors, LLC, d/b/a Affinity Club Network, LLC, Ravi V. Kothare or David M. Maser. The defendant, John LaRocca, did not incorporate any other defendant. He does not currently act and he has never acted as counsel to any other defendant. Defendant, John LaRocca's sole involvement was in permitting the other defendants to use his address for the receipt of mail until such time as they established a permanent office. This was

Dockets.Justia.com

Case 2:06-cv-05211-JCJ

Document 18

Filed 12/20/2006

Page 2 of 3

done as a courtesy for which Mr. LaRocca received no compensation or promise of compensation. SECOND AFFIRMATIVE DEFENSE No conduct by John LaRocca caused injury, damage, and/or loss to the plaintiffs. THIRD AFFIRMATIVE DEFENSE The plaintiffs' action is or may be barred by failure to effect proper process and/or service of process. FOURTH AFFIRMATIVE DEFENSE This Court is without jurisdiction over this matter and/or over the person of defendant, John LaRocca. JURY TRIAL DEMAND A jury trial is demanded to all issues.

Respectfully Submitted,

By: BPM3633 BRIAN P. MCVAN, ESQ. Attorney for Defendant, John LaRocca Date: December 20, 2006

Case 2:06-cv-05211-JCJ

Document 18

Filed 12/20/2006

Page 3 of 3

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF PENNSYLVANIA
: MAJOR LEAGUE BASEBALL : PLAYERS ASSOCIATION : Plaintiff, : : v. : : S.F. ADVISORS, LLC, D/B/A : AFFINITY CLUB NETWORK, LLC, : JOHN LAROCCA, RAVI V. KOTHARE, : AND DAVID M. MASER : Defendants. : _______________________________________ :

Case No.: 06-5211

PROOF OF FILING AND/OR SERVICE I, Brian P. McVan, hereby certify as follows: (1) I am an attorney at law admitted before the bar of this Court; (2) On December 20, 2006, I filed the original of the Answer to the Complaint on behalf of the Defendant, John LaRocca, by submitting it electronically to the Clerk of Court at the United States Courthouse in Philadelphia, Pennsylvania; (3) On December 20, 2006, I served a copy via first class U.S. mail, on counsel for plaintiff; (4) I certify that the foregoing statements by me are true. If any of the foregoing statements made by me are wrongfully false I am subject to punishment.

BPM3633 BRIAN P. MCVAN, ESQ.