Actus, LLC v. Bank of America Corp. et al

Filing 256

RESPONSE to 255 Answer to Amended Complaint, Counterclaim of Defendant Meta Financial Group, Inc. by Actus, LLC. (Davis, William)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION ACTUS, LLC, Plaintiff, v. BANK OF AMERICA CORP., et al. Defendants. PLAINTIFF'S ANSWER TO DEFENDANT META FINANCIAL GROUP, INC.'S COUNTERCLAIMS Plaintiff Actus, LLC ("Actus") hereby responds to each paragraph of Defendant Meta Financial Group, Inc.'s ("Meta") counterclaims as follows, wherein each and every paragraph is hereby incorporated by reference into each and every answer to each and every Count: COUNTERCLAIM 1. Actus admits that this counterclaim purports to arrive under the Declaratory CIVIL ACTION NO. 2:09-cv-102-TJW JURY TRIAL DEMANDED

Judgment Act and the patent laws of the United States. Except as expressly admitted, Actus denies the remaining allegations of this paragraph. The remaining allegations are legal

conclusions to which no response is required; however, to the extent that paragraph 1 contains any factual allegations to which Actus must respond, Actus admits same. 2. The allegations in paragraph 2 are legal conclusions to which no response is

required; however, to the extent that paragraph 2 contains any factual allegations to which Actus must respond, Actus admits same. 3. 4. Admitted. Admitted.

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5. 6. 7. 8. 9.

Denied. Denied. Denied. Denied. Paragraph 9 contains legal conclusions regarding the existence of an actual

controversy to which no response is required. Actus denies that Meta is entitled to a declaratory judgment in its favor. 10. 11. Denied. Denied.
RESPONSE TO PRAYER FOR RELIEF IN META'S COUNTERCLAIMS

Actus denies that Meta is entitled to any of the relief requested in its Prayer. PRAYER FOR RELIEF In addition to the relief requested in its Third Amended Complaint, Actus respectfully requests a judgment against Meta as follows: A. B. That Meta take nothing by its Counterclaims; That the Court award Actus all costs and attorneys' fees incurred in defending

against Meta's Counterclaims; and C. Any and all further relief that the Court deems just and proper.

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Dated: March 3, 2010

Respectfully submitted, /s/ William E. Davis, III William E. Davis, III TX State Bar No. 24047416 The Davis Firm, PC 111 W. Tyler St. Longview, TX 75601 Ph: 903-230-9090 Fx: 903-230-0661 [e-mail] Attorney for Actus, LLC CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, the foregoing was served on all counsel of record who have consented to electronic service. Local Rule CV-5(a)(3)(A). Pursuant to Fed. R. Civ. P. 5(d) and Local Rule CV-5(d), all others not deemed to have consented to electronic service were served with a true and correct copy of the foregoing via email on this 3rd day of March, 2010. /s/ William E. Davis, III William E. Davis, III

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