Gooseberry Natural Resources, LLC v. Condesa, Inc. et al

Filing 40

RESPONSE to #31 Answer to Complaint, Counterclaim of Mass Media Distribution, LLC by Gooseberry Natural Resources, LLC. (Smith, Melissa)

Gooseberry Natural Resources, LLC v. Condesa, Inc. et al

Doc. 40

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION GOOSEBERRY NATURAL RESOURCES, LLC Plaintiff, Vs. CONDESA, INC., MASS MEDIA DISTRIBUTION, LLC, MEK ENTERPRISES d/b/a ERELEASES.COM, PROVEN WAYS, INC., PR WORLDWIDE, INC., and RV MEDIA, LLC d/b/a PR 18 NETWORK, Defendants. § § § § § § § § § § § § § § §

Civil Action No. 2:10-cv-210-TJW JURY TRIAL DEMANDED

PLAINTIFF GOOSEBERRY NATURAL RESOURCES, LLC'S ANSWER TO DEFENDANT MASS MEDIA DISTRIBUTION, LLC'S COUNTERCLAIM Plaintiff Gooseberry Natural Resources, LLC ("Plaintiff"), by and through its undersigned counsel, hereby responds to each paragraph of Defendant Mass Media Distribution, LLC's ("Mass Media") Counterclaim as follows: COUNTERCLAIM 1. Admitted that Mass Media Distribution, LLC purports to incorporate all of the allegations of the Answer into the Counterclaim. 2. Admitted that Mass Media Distribution, LLC purports to bring claims against Plaintiff Gooseberry Natural Resources, LLC under the Federal Declaratory Judgment Act and United States patent laws, but otherwise denied. 3. Admitted. 4. Admitted.

Dockets.Justia.com

5. Denied. 6. Denied. 7. Denied.

MASS MEDIA DISTRIBUTION, LLC'S PRAYER FOR RELIEF Plaintiff Gooseberry Natural Resources, LLC denies that Mass Media Distribution, LLC is entitled to any requested relief sought. a. Denied. b. Denied. c. Denied. d. Denied. e. Denied. f. Denied. PLAINTIFF GOOSEBERRY NATURAL RESOURCES, LLC'S PRAYER FOR RELIEF In addition to the relief requested in Plaintiff Gooseberry Natural Resources, LLC's Complaint, Plaintiff respectfully requests a judgment against Mass Media Distribution, LLC as follows: A. B. That Mass Media Distribution, LLC take nothing by its Counterclaim; That the Court award Plaintiff Gooseberry Natural Resources, LLC costs and

attorneys' fees incurred in defending against this Counterclaim; and C. Any and all further relief for Plaintiff Gooseberry Natural Resources, LLC as the

Court may deem just and proper.

JURY DEMAND Admitted that Mass Media Distribution, LLC demands a jury trial. Dated: October 12, 2010 Respectfully submitted, /s/Melissa Richards Smith Melissa Richards Smith Texas State Bar No. 24001351 GILLAM & SMITH, L.L.P. 303 South Washington Avenue Marshall, Texas 75670 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] ATTORNEY FOR PLAINTIFF GOOSEBERRY NATURAL RESOURCES, LLC

CERTIFICATE OF SERVICE The undersigned hereby certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this document was served on all counsel 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(e), all other counsel of record not deemed to have consented to electronic service were served with a true and correct copy of the foregoing by U.S. mail or facsimile transmission, on this the 12th day of October, 2010.

/s/Melissa Richards Smith Melissa Richards Smith