Kim v. Coach, Inc, et al

Filing 8

ANSWER to 6 Answer to Amended Complaint, Counterclaim by Christopher Carney.(Carney, Christopher)

Gina Kim vs. Coach, Inc., et al.

Doc. 8

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Counterclaim defendants Jay Carlson and Chris Carney hereby answer the defamation counterclaim asserted by defendant Coach and its counsel DLA Piper in the Answer, Docket No. 6 at 11. Answering the "INTRODUCTION" section of the counterclaim, this is a summary containing factual and legal conclusions that does not require an answer. To the extent that there are any specific factual statements requiring an answer, counterclaim defendants deny those statements. Counterclaim defendants vs. COACH, INC., a Maryland corporation, and COACH SERVICES, INC., a Maryland corporation, Defendants. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE GINA KIM, on behalf of a class ) Cause No. 2:11-CV-00214 RSM consisting of herself and all other ) persons similarly situated, ) ANSWER TO COUNTERCLAIMS Plaintiffs, )
) ) ) ) ) ) ) )

specifically deny that they committed any conduct constituting defamation. Answering the "PARTIES" section of the counterclaim, counterclaim defendants answer as follows: 1. Admit. Cause No. 2:11-CV-00214 RSM ANSWER TO COUNTERCLAIMS - 1
CARLSON LEGAL 100 W. HARRISON ST. SUITE N440 SEATTLE, WA 98119 [phone]

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

2. 3. 4. 5.

Admit. Admit. Admit. Deny in so far as it asserts that Carney Gillespie & Isitt PLLC is

counsel for Ms. Kim. Answering the "JURISDICTION AND VENUE" section of the counterclaim, counterclaim defendants answer as follows: 6. Admit that the parties are diverse, otherwise lack of information to

form a belief as to the truth of the allegations. 7. Admit.

Answering the "GENERAL ALLEGATIONS" section of the counterclaim, counterclaim defendants answer as follows: 8. products. 9. 10. 11. 12. 13. Lack of information to form a belief as to the truth of the allegations. Lack of information to form a belief as to the truth of the allegations. Lack of information to form a belief as to the truth of the allegations. Lack of information to form a belief as to the truth of the allegations. Admit that Ms. Kim listed a Coach handbag on eBay. On information Admit that Coach is a famous luxury brand that trademarks its

and belief admit the other allegations. 14. 15. Lack of information to form a belief as to the truth of the allegations. Admit that at Coach's direction eBay removed Ms. Kim's

advertisement. Otherwise, lack of information to form a belief as to the truth of the allegations 16. Admit that Ms. Kim received the letter and contacted Gibney.

Otherwise, lack of information as to the meaning of "almost immediately" thus unable to form a belief as to the truth of the allegations. 17. Admit. Cause No. 2:11-CV-00214 RSM ANSWER TO COUNTERCLAIMS - 2
CARLSON LEGAL 100 W. HARRISON ST. SUITE N440 SEATTLE, WASHINGTON 98119 [phone]

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

18. 19.

Admit. Deny. Mr. Carlson never "purported to read from the letter" and never

represented that he was quoting the letter. A copy of the letter was provided to the reporter at issue and the letter speaks for itself as to its contents. 20. 21. 22. 23. 24. 25. 26. Deny. The letter speaks for itself, otherwise deny. Admit that the statement was made. Deny. Deny. Lack of information to form a belief as to the truth of the allegations. Lack of information to form a belief as to the truth of the allegations.

Answering the "FIRST CAUSE OF ACTION" section of the counterclaim, counterclaim defendants answer as follows: 27. 28. 29. 30. 31. 32. 33. 34. No answer needed. Deny. This is a legal conclusion that requires no answer. Deny. Lack of information to form a belief as to the truth of the allegations. Lack of information to form a belief as to the truth of the allegations. Lack of information to form a belief as to the truth of the allegations. Deny.

Answering the "SECOND CAUSE OF ACTION" section of the counterclaim, counterclaim defendants answer as follows: 35. 36. 37. 38. No answer needed. Deny. This is a legal conclusion that requires no answer. Deny.

39. Lack of information to form a belief as to the truth of the allegations. CARLSON LEGAL Cause No. 2:11-CV-00214 RSM 100 W. HARRISON ST. ANSWER TO COUNTERCLAIMS - 3 SUITE N440
SEATTLE, WASHINGTON 98119 [phone]

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

40. 41. 42.

Lack of information to form a belief as to the truth of the allegations. Lack of information to form a belief as to the truth of the allegations. Deny.

Answering the "REQUEST FOR RELIEF" section of the counterclaim, counterclaim defendants deny that plaintiff's are entitled to any of the relief sought. By way of further answer to the counterclaim, counterclaim defendants assert that the defamation counterclaim filed against plaintiff's counsel is subject to Washington's anti-SLAPP statute, RCW 4.24.525. Under the statute, the

counterclaim defendants are entitled to bring a "special motion to strike" the defamation counterclaim, and to seek sanctions against Coach and its counsel at DLA Piper.

DATED this 9th day of March, 2011. /s/ Jay S. Carlson, WSBA No. 30411 Carlson Legal Christopher Carney, WSBA No. 30325 Carney Gillespie & Isitt PLLC Jason Moore Van Eyk & Moore, PLLC 100 W. Harrison St., Suite N440 Seattle, WA 98119

Cause No. 2:11-CV-00214 RSM ANSWER TO COUNTERCLAIMS - 4

CARLSON LEGAL 100 W. HARRISON ST. SUITE N440 SEATTLE, WASHINGTON 98119 [phone]