Roger Cleveland Golf Company Inc v. Prince et al

Filing 37

AMENDED ANSWER to Amended Complaint by Christopher Prince, Prince Distribution LLC, (Lizzi, Christopher) Modified remove filers not listed on document on 4/28/2010 (asni, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION ROGER CLEVELAND GOLF COMPANY, INC., ) ) Plaintiff, ) ) ) VS. ) ) CHRISTOPHER PRINCE, SHELDON SHELLEY, ) AND PRINCE DISTRIBUTION, LLC ) ) ) Defendants ) Civil Action No. :09-cv-02119-MBS

AMENDED ANSWER

) TO: THE PLAINTIFF AND HIS ATTORNEY: JOHN C. MCELWAINE. The Defendant, Christopher Prince and Prince Distribution, LLC, by and through his undersigned attorney, responding to the Plaintiff=s First Amended Complaint, would respectfully show unto the Court: FOR A FIRST DEFENSE 1. That the Defendant, Christopher Prince and Prince Distribution, LLC, denies each

and every allegation of the First Amended Complaint not herein specifically admitted, modified or explained, and demands strict proof thereof. 2. That the Defendant denies the allegations contained in Paragraphs One (1), Two (2) and Three (3) of the First Amended Complaint and demands strict proof thereof. 3. That the Defendant admits the allegations contained in Paragraphs Four (4), Five (5), Six (6), Seven (7) and Eight (8) of the First Amended Complaint.

4. 5.

That the Defendant denies the allegations contained in Paragraph Nine (9). That the Defendant admits the allegations contained in Paragraphs Ten (10), Eleven

(11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty-One (21), Twenty-Two (22), Twenty-Three (23), Twenty-Four (24), Twenty-Five (25), Twenty-Six (26), Twenty-Seven (27), Twenty-Eight (28), Twenty-Nine (29), Thirty (30), Thirty-One (31), Thirty-Two (32), Thirty-Three (33), Thirty-Four (34), Thirty-Five (35), Thirty-Six (36), Thirty-Seven (37), Thirty-Eight (38), Thirty-Nine (39) and Forty (40) of the First Amended Complaint. 6. That the Defendant denies the allegations contained in Paragraph Forty-One (41) of the Amended Complaint. FOR A SECOND DEFENSE - COUNT 1 Reserving the right under the First Defense, the Defendant, Christopher Prince and Prince Distribution, sets forth his answers as follows: 7. 8. That Paragraph Forty-Two (42) does not require a response. That the Defendant admits the allegations contained in Paragraphs Forty-Three (43), Forty-Four (44) and Forty-Five (45) of the First Amended Complaint. 9. That the Defendant denies the allegations contained in Paragraphs Forty-Six (46),

Forty-Seven (47), Forty-Eight (48) of the First Amended Complaint. FOR A THIRD DEFENSE - COUNT II 10. That Paragraph Forty-Nine (49) does not require a response.

11.

That the Defendant denies the allegations contained in Paragraphs Fifty (50), Fifty-

One (51), Fifty-Two (52) and Fifty-Three (53) of the First Amended Complaint. FOR A FOURTH DEFENSE - COUNT III 12. That the Defendant admits the allegations contained in Paragraphs Fifty-Four (54), Fifty-Five (55), Fifty-Six (56), Fifty-Seven (57), Fifty-Eight (58), Fifty-Nine (59), Sixty (60), Sixty-One (61) and Sixty-Two (62) of the First Amended Complaint. FOR A FIFTH DEFENSE - COUNT IV 13. That the Defendant denies the allegations contained in Paragraphs Sixty-Three (63), Sixty-Four (64), Sixty-Five (65) and Sixty-Six (66) of the First Amended Complaint. 14. 15. That Paragraph Sixty-Seven (67) does not require a response. That the Defendant admits the allegations contained in Paragraphs Sixty-Eight (68), Sixty-Nine (69), Seventy (70) and Seventy-One (71) of the First Amended Complaint. It is affirmatively alleged that the Defendant, Christopher Prince, is no longer carrying on such business and no future harm will be incurred. FOR A SEVENTH DEFENSE - COUNT VI 16. 16. That Paragraph Seventy-Two (72) does not require a response. That the Defendant denies the allegations contained in Paragraphs Seventy-Three

(73), Seventy-Four (74), Seventy-Five (75) and Seventy-Six (76) of the First Amended Complaint.

WHEREFORE, after fully answering the First Amended Complaint of the Plaintiff, the Defendant, Christopher Prince and Prince Distribution, LLC, prays for an Order of this Court dismissing the action with attorney fees and costs assessed against the Plaintiff and for other such relief as this Court deems just and proper. LIZZI LAW FIRM, PC S/ Christopher D. Lizzi, Esquire Christopher D. Lizzi, Esquire Attorney for Defendant Federal Bar Number: 8040 2170 Ashley Phosphate Rd., Suite 402 N. Charleston, SC 29406 [phone] Fax: [phone] This 27th day of April, 2010. North Charleston, South Carolina.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION

ROGER CLEVELAND GOLF COMPANY, INC., )

Civil

Action

No.

2:09-cv-02119-MBS ) Plaintiff, ) ) ) VS. ) ) CHRISTOPHER PRINCE, SHELDON SHELLEY, ) AND PRINCE DISTRIBUTION, LLC ) ) ) Defendants ) ) CERTIFICATE OF SERVICE

I, Tracey N. Lyons, the undersigned Paralegal for Christopher D. Lizzi, attorney for the Defendants Christopher Prince and Prince Distribution, LLC do hereby certify that I have served the Plaintiff, by and through his attorneys, with a copy of the Amended Answer to Plaintiff=s Amended Complaint by mailing a copy of the same by US Mail, postage prepaid, on this 27th day of April, 2010, to: John C. McElwaine Janene Boyce Smith 151 Meeting Street, 6th Floor Charleston, SC 29401

S/

Tracey

N.

Lyons

Tracey N. Lyons