Omni Innovations LLC et al v. Publishers Clearing House Inc et al

Filing 8

Omni Innovations LLC et al v. Publishers Clearing House Inc et al

Doc. 8

Case 2:06-cv-01348-MJP

Document 8

Filed 12/11/2006

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THE HONORABLE MARSHA J. PECHMAN

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE OMNI INNOVATIONS, LLC, a Washington Limited Liability company; and JAMES S. GORDON, JR., a married individual, Plaintiffs, v. PUBLISHERS CLEARING HOUSE, INC, a New York corporation; ANDREW C. GOLDBERG and JANE DOE GOLDBERG, individually and as part of their marital community; and JOHN DOES, I-X, Defendants. No. C06-1348 MJP PUBLISHERS CLEARING HOUSE'S ANSWER

Defendant PUBLISHERS CLEARING HOUSE ("PCH"), by and through its attorneys, Perkins Coie LLP, answers plaintiffs' Complaint as follows: PARTIES, JURISDICTION AND VENUE 1. PCH has insufficient knowledge or information to admit or to deny the allegations

of paragraph 1, and therefore denies these allegations. 2. PCH has insufficient knowledge or information to admit or to deny the allegations

of paragraph 2, and therefore denies these allegations.

PUBLISHERS CLEARING HOUSE'S ANSWER (NO. CV 06-1348 MJP) ­ 1
26383-0008/LEGAL12574922.1

Perkins Coie LLP 1201 Third Avenue, Suite 4800 Seattle, WA 98101-3099 Phone: [phone] Fax: [phone] Dockets.Justia.com

Case 2:06-cv-01348-MJP

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3.

In the caption and paragraph 3 of the Complaint, plaintiffs name Publishers

Clearing House, Inc., a New York corporation, as the defendant. PCH admits that Publishers Clearing House, Inc. is a New York corporation. However, Publishers Clearing House, Inc. has no assets and conducts no business. The PCH operating company is Publishers Clearing House LLC, a New York limited liability company, with its principal place of business in the state of New York. PCH's answer to the Complaint assumes that this error was an oversight by plaintiffs, and PCH answers the Complaint on behalf of Publishers Clearing House LLC and as though Publishers Clearing House LLC was properly named. 4. PCH admits that Andrew C. Goldberg is President and Chief Executive Officer of

Publishers Clearing House LLC, and that he and his spouse reside in the state of New York. PCH denies the remaining allegations in paragraph 4. 5. Paragraph 5 is a legal conclusion that does not require a response; to the extent

any response is required, PCH denies the same. 6. Paragraph 6 is a legal conclusion that does not require a response; to the extent

any response is required, PCH denies the same. 7. Paragraph 7 is a legal conclusion that does not require a response; to the extent

any response is required, PCH denies the same. 8. PCH has insufficient knowledge or information to admit or to deny the allegations

of paragraph 8, and therefore denies these allegations. 9. PCH has insufficient knowledge or information to admit or to deny the allegations

of paragraph 9, and therefore denies these allegations. 10. PCH has insufficient knowledge or information to admit or to deny the allegations

of paragraph 10, and therefore denies these allegations. 11. PCH has insufficient knowledge or information to admit or to deny the allegations

of paragraph 11, and therefore denies these allegations.

PUBLISHERS CLEARING HOUSE'S ANSWER (NO. CV 06-1348 MJP) ­ 2
26383-0008/LEGAL12574922.1

Perkins Coie LLP 1201 Third Avenue, Suite 4800 Seattle, WA 98101-3099 Phone: [phone] Fax: [phone]

Case 2:06-cv-01348-MJP

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12.

PCH has insufficient knowledge or information to admit or to deny the allegations

of paragraph 12, and therefore denies these allegations. 13. PCH has insufficient knowledge or information to admit or to deny the allegations

of paragraph 13, and therefore denies these allegations. 14. 15. PCH denies the allegations in paragraph 14. PCH has insufficient knowledge or information to admit or to deny the allegations

of paragraph 15, and therefore denies these allegations. 16. Paragraph 16 consists of legal conclusions that do not require a response; to the

extent any response is required, PCH denies the same. 17. Paragraph 17 consists of legal conclusions that do not require a response; to the

extent any response is required, PCH denies the same. FIRST CAUSE OF ACTION--CAN-SPAM ACT 15 U.S.C. § 7701 et seq. 18. Paragraph 18 is a legal conclusion that does not require a response; to the extent

any response is required, PCH denies the same. 19. Paragraph 19 is a legal conclusion that does not require a response; to the extent

any response is required, PCH denies the same. SECOND CAUSE OF ACTION--CEMA RCW 19.190.010-.070 20. Paragraph 20 is a legal conclusion that does not require a response; to the extent

any response is required, PCH denies the same. THIRD CAUSE OF ACTION--CONSUMER PROTECTION ACT Ch. 19.86 RCW 21. Paragraph 21 is a legal conclusion that does not require a response; to the extent

any response is required, PCH denies the same.

PUBLISHERS CLEARING HOUSE'S ANSWER (NO. CV 06-1348 MJP) ­ 3
26383-0008/LEGAL12574922.1

Perkins Coie LLP 1201 Third Avenue, Suite 4800 Seattle, WA 98101-3099 Phone: [phone] Fax: [phone]

Case 2:06-cv-01348-MJP

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AFFIRMATIVE DEFENSES 1. Plaintiffs have failed to join indispensable or necessary parties under Federal Rule

of Civil Procedure 19. 2 this suit. 3. 4. 5. 6. Plaintiffs' claims are barred by applicable statutes of limitations. Plaintiffs' Complaint pleads state law that is preempted by federal law. Plaintiffs' claims are limited or barred in state law. Plaintiffs' claims are barred by the equitable doctrines of estoppel, waiver, laches Plaintiffs' injuries and damages, if any, are the result of the fault of nonparties to

and unclean hands. 7. Plaintiffs have failed to state a claim upon which relief can be granted. PRAYER FOR RELIEF Therefore, defendant PCH requests that the Court: 1. Complaint; 2. 3. Award PCH its reasonable attorneys' fees and costs of suit; and Such other and further relief as this Court deems just. PERKINS COIE LLP By: /s/ Elizabeth L. McDougall Elizabeth L. McDougall, WSBA #27026 Rebecca S. Engrav, WSBA #33275 1201 Third Avenue, Suite 4800 Seattle, Washington 98101-3099 Telephone: [phone] Fax: [phone] E-mail: [e-mail] [e-mail] Attorneys for Defendant Publishers Clearing House, Inc. Enter judgment in favor of PCH and against plaintiffs on all claims in plaintiffs'

DATED: December 11, 2006

PUBLISHERS CLEARING HOUSE'S ANSWER (NO. CV 06-1348 MJP) ­ 4
26383-0008/LEGAL12574922.1

Perkins Coie LLP 1201 Third Avenue, Suite 4800 Seattle, WA 98101-3099 Phone: [phone] Fax: [phone]

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CERTIFICATE OF SERVICE I hereby certify that on December 11, 2006, I filed the foregoing PUBLISHERS CLEARING HOUSE'S ANSWER with the Clerk of the Court using the CM/ECF which will notify the parties listed below: Douglas E. McKinley, Jr. Law Office of Douglas E. McKinley, Jr. P.O. Box 202 Richland, WA 99352 Attorneys for Plaintiffs Robert J. Siegel Merkle Siegel & Friedrichsen 1325 Fourth Avenue, Suite 940 Seattle, WA 98101 Attorneys for Plaintiffs ___ ___ ___ ___ _X_ Via hand delivery Via U.S. Mail, 1st Class, Postage Prepaid Via Overnight Delivery Via Facsimile Via E-filing ___ ___ ___ ___ _X_ Via hand delivery Via U.S. Mail, 1st Class, Postage Prepaid Via Overnight Delivery Via Facsimile Via E-filing

DATED this 11th day of December, 2006. /s/ Elizabeth L. McDougall Elizabeth L. McDougall, WSBA #27026

PUBLISHERS CLEARING HOUSE'S ANSWER (NO. CV 06-1348 MJP) ­ 5
26383-0008/LEGAL12574922.1

Perkins Coie LLP 1201 Third Avenue, Suite 4800 Seattle, WA 98101-3099 Phone: [phone] Fax: [phone]