Case 2:23-cv-01823-WLH-PVC Document 64 Filed 11/06/23 Page 1 of 9 Page ID #:1581
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`Nicole M. Smith (State Bar No. 189598)
`Email: nmsmith@jonesday.com
`JONES DAY
`555 South Flower Street
`Fiftieth Floor
`Los Angeles, California 90071
`Telephone: (213) 489-3939
`Facsimile:
`(213) 243-2539
`
`John Froemming (admitted pro hac vice)
`Email: JFroemming@jonesday.com
`JONES DAY
`51 Louisiana Avenue NW
`Washington, DC 20007
`Telephone: (202) 879-3939
`Facsimile:
`(202) 626-1700
`Attorneys for the Defendants
`
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`WESTERN DIVISION
`
`Topalsson GmbH,
`Plaintiff,
`
`v.
`
`
`O’Gara Coach Company, LLC;
`Rusnak/Pasadena Corporation;
`indiGO European Motorcars, LLC;
`Orange County British Motorcars;
`and
`Westlake Coach Company, LLC,
`Defendants.
`
`Case No. 2:23-CV-01823-WLH-PVCx
`ANSWER TO FIRST AMENDED
`COMPLAINT BY THE
`DEFENDANTS, O’GARA COACH
`COMPANY, LLC,
`RUSNAK/PASADENA CORP.,
`indiGO EUROPEAN MOTORCARS,
`LLC, ORANGE COUNTY BRITISH
`MOTORCARS, AND WESTLAKE
`COACH COMPANY, LLC
`Judge: Hon. Wesley L. Hsu
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`Case No. 2:23-CV-01823-WLH (PVCx)
`ANSWER OF THE DEFENDANTS TO THE
`FAC
`
`

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`Case 2:23-cv-01823-WLH-PVC Document 64 Filed 11/06/23 Page 2 of 9 Page ID #:1582
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`The defendants, O’Gara Coach Company, LLC, Rusnak/Pasadena
`Corporation, indiGO European Motorcars, LLC, Orange County British Motorcars,
`LLC, and Westlake Coach Company, LLC (collectively “Defendants”), hereby
`answer the First Amended Complaint of Topalsson GmbH.
`1.
`Defendants admit that this is a civil action in which Plaintiff purports to
`allege copyright infringement under 17 U.S.C. § 101 et seq. Defendants deny any
`remaining allegations of paragraph 1.
`2.
`Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 2, and therefore deny the same.
`3.
`Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 3, and therefore deny the same.
`4.
`Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 4, and therefore deny the same.
`5.
`Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 5, and therefore deny the same.
`6.
`Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 6, and therefore deny the same.
`7.
`Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 7, and therefore deny the same.
`8.
`Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 8, and therefore deny the same.
`9.
`Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 9, and therefore deny the same.
`10. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 10, and therefore deny the same.
`11. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 11, and therefore deny the same.
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`- 2 -
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`Case No. 2:23-CV-01823-WLH (PVCx)
`ANSWER TO THE FAC BY THE
`DEFENDANTS
`
`

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`Case 2:23-cv-01823-WLH-PVC Document 64 Filed 11/06/23 Page 3 of 9 Page ID #:1583
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`12. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 12, and therefore deny the same.
`13. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 13, and therefore deny the same.
`14. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 14, and therefore deny the same.
`15. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 15, and therefore deny the same.
`16. The allegations of paragraph 16 have been mooted by this Court’s Order
`dismissing the foreign defendants. Defendants deny any remaining allegations of
`paragraph 26. Defendants admit that BMW AG is a German corporation with its
`principal place of business at Petuelring 130, 80809 Munich, Germany, and that it
`designs and manufactures motor vehicles, parts, and other accessories for sale in
`Europe and for export and sale throughout the world. Defendants deny the remaining
`allegations of paragraph 16.
`17. The allegations of paragraph 17 have been mooted by this Court’s Order
`dismissing the foreign defendants. Defendants admit that Rolls-Royce Motor Cars
`NA, LLC is a limited liability company organized under the laws of the State of
`Delaware with its principal place of business at 300 Chestnut Ridge Road, Woodcliff
`Lake, New Jersey 07677, and that Rolls-Royce Motor Cars NA, LLC is responsible
`for sales and marketing of Rolls-Royce vehicles throughout the United States.
`Defendants lack sufficient knowledge or information to form a belief about the truth
`of the remaining allegations of paragraph 17, and therefore deny the same.
`18.
` Defendant O’Gara Coach Company, LLC admits that allegations of
`paragraph 18. The remaining defendants lack sufficient knowledge or information
`to form a belief about the truth of the allegations of paragraph 18, and therefore deny
`the same.
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`- 3 -
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`Case No. 2:23-CV-01823-WLH (PVCx)
`ANSWER TO THE FAC BY THE
`DEFENDANTS
`
`

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`Case 2:23-cv-01823-WLH-PVC Document 64 Filed 11/06/23 Page 4 of 9 Page ID #:1584
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`19. Defendant Rusnak/Pasadena Corporation admits the allegations of
`paragraph 19. The remaining defendants lack sufficient knowledge or information
`to form a belief about the truth of the allegations of paragraph 19, and therefore deny
`the same.
`20. Defendant Orange County British Motorcars, LLC admits the
`allegations of paragraph 20. The remaining defendants lack sufficient knowledge or
`information to form a belief about the truth of the allegations of paragraph 20, and
`therefore deny the same.
`21. Defendant indiGO European Motorcars, LLC admits the allegations of
`paragraph 21. The remaining defendants lack sufficient knowledge or information
`to form a belief about the truth of the allegations of paragraph 21, and therefore deny
`the same.
`22. Defendant Westlake Coach Company, LLC admits the allegations of
`paragraph 22. The remaining defendants lack sufficient knowledge or information
`to form a belief about the truth of the allegations of paragraph 22, and therefore deny
`the same.
`23. Defendants admit that this is a civil action seeking damages and an
`injunction under the copyright laws of the United States (17 U.S.C. § 101, et seq.).
`Defendants deny any remaining allegations of paragraph 23.
`24. Paragraph 24 contains conclusions of law to which no response is
`required. To the extent a response is required, Defendants admit this court has subject
`matter jurisdiction regarding Plaintiff's copyright infringement claim.
`25. The allegations of paragraph 25 have been mooted by this Court’s Order
`dismissing the foreign defendants. Defendants deny any remaining allegations of
`paragraph 25.
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`- 4 -
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`Case No. 2:23-CV-01823-WLH (PVCx)
`ANSWER TO THE FAC BY THE
`DEFENDANTS
`
`

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`Case 2:23-cv-01823-WLH-PVC Document 64 Filed 11/06/23 Page 5 of 9 Page ID #:1585
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`26. The allegations of paragraph 26 have been mooted by this Court’s Order
`dismissing the foreign defendants. Defendants deny any remaining allegations of
`paragraph 26.
`27. The allegations of paragraph 27 have been mooted by this Court’s Order
`dismissing the foreign defendants. Defendants deny any remaining allegations of
`paragraph 27.
`28. Defendants admit the allegations of paragraph 28.
`29. The allegations of paragraph 29 have been mooted by this Court’s Order
`dismissing the foreign defendants. Defendants deny any remaining allegations of
`paragraph 29.
`30. The allegations of paragraph 30 have been mooted by this Court’s Order
`dismissing the foreign defendants. Defendants deny any remaining allegations of
`paragraph 30.
`31. Defendants admit they are dealers and are subject to suit in this judicial
`district because each has an established physical location in this Judicial District, and
`that they sell Rolls-Royce vehicles. Defendants deny the remaining allegations of
`paragraph 31.
`32. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 32, and therefore deny the same.
`33. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 33, and therefore deny the same.
`34. Defendants admit that Topalsson has registered copyrights in two
`versions of software, that DTE Release R05 is registered as Copyright Registration
`No. TX 9-217-235 and is attached to the First Amended Complaint as Exhibit A, and
`that DTE Release R06 is registered as Copyright Registration No. TX 9-217-240 and
`is attached as Exhibit B to the First Amended Complaint. Defendants deny any
`infringement, lack sufficient knowledge or information to form a belief about the
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`- 5 -
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`Case No. 2:23-CV-01823-WLH (PVCx)
`ANSWER TO THE FAC BY THE
`DEFENDANTS
`
`

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`Case 2:23-cv-01823-WLH-PVC Document 64 Filed 11/06/23 Page 6 of 9 Page ID #:1586
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`truth of the remaining allegations of paragraph 34, including the validity of the
`copyrights, and therefore deny the same.
`35. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 35, and therefore deny the same.
`36. Defendants admit that Vary Release R05 is registered as Copyright
`Registration No. TXS 9-217-245 and is attached to the First Amended Complaint as
`Exhibit C, and Vary Release R06 is registered as Copyright Registration No. TXS 9-
`217-249 and is attached as Exhibit D to the First Amended Complaint. Defendants
`deny any infringement, lack sufficient knowledge or information to form a belief
`about the truth of the remaining allegations of paragraph 36, including the validity of
`the copyrights, and therefore deny the same.
`37. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 37, and therefore deny the same.
`38. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 38, and therefore deny the same.
`39. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 39, and therefore deny the same.
`40. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 40, and therefore deny the same.
`41. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 41, and therefore deny the same.
`42. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 42, and therefore deny the same.
`43. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 43, and therefore deny the same.
`44. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 44, and therefore deny the same.
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`- 6 -
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`Case No. 2:23-CV-01823-WLH (PVCx)
`ANSWER TO THE FAC BY THE
`DEFENDANTS
`
`

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`Case 2:23-cv-01823-WLH-PVC Document 64 Filed 11/06/23 Page 7 of 9 Page ID #:1587
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`45. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 45, and therefore deny the same.
`46. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 46, and therefore deny the same.
`47. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 47, and therefore deny the same.
`48. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 48, and therefore deny the same.
`49. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 49, and therefore deny the same.
`50. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 50, and therefore deny the same.
`51. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 51, and therefore deny the same.
`52. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 52, and therefore deny the same.
`53. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 53, and therefore deny the same.
`54. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 54, and therefore deny the same.
`55. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 55, and therefore deny the same.
`56. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 56, and therefore deny the same.
`57. Defendants hereby restate their responses to paragraphs 1-56.
`58. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 58, and therefore deny the same.
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`- 7 -
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`Case No. 2:23-CV-01823-WLH (PVCx)
`ANSWER TO THE FAC BY THE
`DEFENDANTS
`
`

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`Case 2:23-cv-01823-WLH-PVC Document 64 Filed 11/06/23 Page 8 of 9 Page ID #:1588
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`59. Defendants deny the allegations of paragraph 59.
`60. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 60, and therefore deny the same.
`61. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 61, and therefore deny the same.
`62. The allegations of paragraph 62 have been mooted by this Court’s Order
`dismissing the foreign defendants. Defendants deny any remaining allegations of
`paragraph 62.
`63. The allegations of paragraph 63 have been mooted by this Court’s Order
`dismissing the foreign defendants. Defendants deny any remaining allegations of
`paragraph 63.
`64. Defendants lack sufficient knowledge or information to form a belief
`about the truth of the allegations of paragraph 61, and therefore deny the same.
`65. Defendants deny the allegations of paragraph 65.
`66. Defendants deny the allegations of paragraph 66.
`67. Defendants deny the allegations of paragraph 67.
`68. Defendants deny the allegations of paragraph 68.
`69. Defendants deny the allegations of paragraph 69.
`Affirmative Defenses
`70. Plaintiff’s First Amended Complaint fails to state a claim upon which
`relief can be granted.
`71. The Defendants have a license to use the software they are using.
`72. The damages alleged by Plaintiff are barred, in whole or in part, by
`failure to mitigate such damages.
`73. Plaintiff’s claims are barred, in whole or in part, because any injuries
`and damages alleged by Plaintiff were the direct and proximate result of an
`independent, unforeseeable, superseding, or intervening cause.
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`- 8 -
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`Case No. 2:23-CV-01823-WLH (PVCx)
`ANSWER TO THE FAC BY THE
`DEFENDANTS
`
`

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`Case 2:23-cv-01823-WLH-PVC Document 64 Filed 11/06/23 Page 9 of 9 Page ID #:1589
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`Dated: November 6, 2023
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`74. All possible affirmative defenses may not have been alleged above,
`insofar as sufficient facts were not available after reasonable inquiry upon the filing
`of this Answer. Defendants reserves the right, upon completion of its investigation
`and discovery, to file such additional affirmative defenses as may be appropriate.
`Defendants thus gives notice that it intends to rely upon such other affirmative
`defenses as may become available or apparent during the course of discovery or other
`proceedings. Defendants further reserves the right to amend this Answer, to add,
`delete, and/or modify its affirmative defenses based upon legal theories, facts and/or
`circumstances which may or will be developed through discovery and/or through
`further legal analysis of its position in this action.
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`Respectfully submitted,
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`JONES DAY
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`
`By: /s/ Nicole M. Smith
`Nicole M. Smith
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`Attorneys for the Defendants
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`Case No. 2:23-CV-01823-WLH (PVCx)
`ANSWER TO THE FAC BY THE
`DEFENDANTS
`
`