Hanney's Answer and Demand for Jury Trial PDF

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 ALEXANDER & FEMINO
ATTORNEYS AT LAW
ONE SCHOOLSTREET
BEVERLY, MA 01915
(978) 921-1990
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II ESSEX, SS,
COMMONWEALTH OF MASSACHUSETTS
SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO. 13-189-B
TOWN OF IPSWICH, )
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Plaintiff )
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ENTERTAINMENT MANAGEMENT CORP., )
AND IPSWICH RE HOLDINGS LLC, )
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Defendants )
ANSWER AND DEMAND FOR JURY TRIAL
Now come the Defendants, ENTERTAINMENT MANAGEMENT CORP. and
IPSWICH HOLDINGS LLC and make answer to the Plaintiff's Complaint as follows:
Answering the Complaint, paragraph by paragraph, the Defendants say:
1. The allegations contained in paragraph 1are admitted.
2. The allegations contained in paragraph 2 are admitted.
3. The allegations contained in paragraph 3 are admitted
4. Without sufficient information to admit or deny the allegations of paragraph 4
5. Without sufficient information to admit or deny the allegations of paragraph 5.
6. Without sufficient information to admit or deny the allegations of paragraph 6.
7. Without sufficient information to admit or deny the allegations of paragraph 7.
8, Without sufficient information to admit or deny the allegations of paragraph 8.
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:XANDER & FEMINO I
,TTORNEYS AT LAW I
NE SCHOOL STREET
'EVERLY. MA 01915
(978) 921-1990
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Without sufficient information to admit or deny the allegations of paragraph 9.
Stating further the RFP speaks for itself.
10. Without sufficient information to admit or deny the allegations of paragraph 10.
11. Without sufficient information to admit or deny the allegations of paragraph 11.
12. Without sufficient information to admit or deny the allegations of paragraph 12.
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III 13. Without sufficient information to admit or deny the allegations of paragraph 13.
14. Without sufficient information to admit or deny the allegations of paragraph 14.
15. The allegations contained in para~aph 15 are admitted. Stating further the EMC
proposal speaks for itself.
16. The allegations contained in paragraph 16 are admitted. Stating further the EMC
proposal speaks for itself.
17. The allegations contained in paragraph 17 are admitted. Stating further the EMC
proposal speaks for itself.
18. The allegations contained in paragraph 18 are admitted. Stating further the EMC
proposal speaks for itself.
19, The allegations contained in paragraph 19 are admitted. Stating further the EMC
proposal speaks for itself.
20. Without sufficient information to admit or deny the allegations of paragraph 20.
21. The allegations contained in paragraph 21 are admitted. Stating further the EMC
proposal speaks for itself.
22. Without sufficient information to admit or deny the allegations of paragraph 22 ..
23. The allegations contain d in paragraph 23 are admitted.

EXANDER & FEMINO
ATTORNEYS AT LAW
)NE SCHOOL STREET
BEVERLY. WoA01915
(978) 921-1990
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44.
I 45.
The allegations contained in paragraph 42 are admitted.
The allegations contained in paragraph 43 are admitted.
The allegations contained in paragraph 44 are admitted.
The allegations contained in paragraph 45 are admitted.
46. The allegations contained in paragraph 46 are admitted.
47. The allegations contained in paragraph 47 are admitted.
48. The allegations contained in paragraph 48 are admitted.
49. Without sufficient information to ei,ther admit or deny the allegations contained in
paragraph 49 ..
COUNT I - BREACH OF CONTRACT
50. The Defendants repeat and reallege paragraphs 1 through 50 of their Answer.
51. The allegations contained in paragraph 51 are denied.
52. a. The allegations contained in paragraph 52 a. are denied.
b. The allegations contained in paragraph 52 b. are denied.
c. The allegations contained in paragraph 52 c. are denied.
d.. The allegations contained in paragraph 52 d. are denied.
e. The allegations contained in paragraph 52 e. are denied.
f. The allegations contained in paragraph 52 f are denied.
g. The allegations contained in paragraph 52 g. are denied.
V/HEREFORE, the Defendants ENTERTAINMENT MANAGEMENT CORP.
and IPSWICH RE HOLDINGS LLC demand that the Plaintiffs Complaint be
dismissed with costs and atto eys' fees to Defendants.
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COUNT II
VIOLATION OF PRESENTATION RESTRICTION (c. 184, §§31-33)
The Defendants repeat and reallege paragraphs 51-53 of their Answer.
The allegations contained in paragraph 54 are denied.
WHEREFORE, the Defendants ENTERTAINMENT MANAGEMENT CORP.
and IPSWICHRE HOLDINGS LLC demand that the Plaintiff's Complaint be
dismissed with costs and attorneys' fees to Defendants.
AFFIRMATIVE DEFENSES
The Defendants ENTERTAINMENT MANAGEMENT CORP. and
IPSWICH RE HOLDINGS LLC assert the following affirmative defenses:
1. The Plaintiff's claims are barred by the statute of limitations.
2. The Plaintiff's claims are barred by the statute of frauds.
3. The Plaintiff is estopped from recovery against the Defendants.
4. The Plaintiff is guilty of laches and cannot recover against the Defendants.
5. The Plaintiff is guilty of unclean hands and cannot recover against the Defendants.
6. The claims of the Plaintiff have been waived.
7. Each count of the Plaintiff's Complaint fails to state a claim upon which relief can be
granted because each fails to set forth facts which constitute all of the elements of a
prime facie case.
I 8. The Plaintiff's claims are frivolous and in violation ofG.L. Chapter 231 Section 6F.
WHEREFORE, the Defendants ENTERTAINMENT MANAGEMENT CORP.
ALEXANDER & FEMINO and IPSWICH RE HOLDINGS LLC demand that the Plaintiff's Complaint be
ATTORNEYS AT LAW
ONE SCHOOL STREET dismissed with costs and attorney's fees to Defendants.
BEVERLY, MA 0191S
(978) 921-1990
DEFENDANTS ENTERTAINMENT MANAGEMENT CORP. and IPSWICH
II RE HOLDINGS LLC DEMAND A JURY TRIAL ON ALL ISSUES. DEFENDANTS
ENTERTAINMENT MANAGEMENT CORP. AND IPSWICH RE HOLDINGS LLC
RESERVES THE RIGHT TO SERVE ADDITIONAL DEFENSES, AFFIRlviATIVE
DEFENSES AND COUNTERCLAIMS AS THEY BECOME APPARENT.
Respectfully submitted,
Entertainment Management Corp. and
Ipswich RE Holdings LLC,
By their attorney,
(/J »: ' .. '--",~ ':--:---~\:.r .~:-' .--------- t nard F. Femmo
BBO #16268)
Alexander & Femino
One School Street
Beverly, MA 01915
(978) 921-1990
I hereby Gel1ify that a true copy of the above
document was served upon (each party appeanng
pro 58 and) the attorney of re~ord for each (other)
partybymai,(~)on.3' l'i ""}
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ALEXANDER & FEMINO
ATTORNEYS AT LAW
ONE SCHOOL STREET
BEVERLY, MA 01915
(978) 921-1990 \
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ALEXANDER & FEMINO
ArrOR.NEYS AT LAw
ONE SCHOOL STREET
BEVERLY, M.A5SACHUSl:.Tf501915
LEONARD F. FEIl'ilNO
THOMAS J. ALEXANDER
TELEPHONE (978) 921-1990
FAX (978) 921-4553
LFF@ALEXANDERFEMINO.NET
TERALD A. PARISELU\
March 6, 2013
Civil Clerk's Office
Salem Superior Court
56 Federal Street
Salem;MA 01970
RE: Town of Ipswich, Plaintiffv. Entertainment Management Corp., et al.,
Defendant
Civil Action No. 13-189B
Dear Sir/Madam:
Enclosed herewith please find an Answer and Demand for Jury Trial to be filed in
the above-mentioned matter.
Thank you for your attention to this matter.
~
e y . ly yours, .~?it--- fG "onard F, Femino
LFF/gS'N
Enc.
Cc: Bill Hanney
George A. Hall, Jr., Esquire
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