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`SIPCO, LLC,
`
`
`
`
`
`
`
`v.
`
`
`Plaintiff,
`
`
`RAB Lighting Inc.,
`
`
`
`
`Defendant.
`
`Case No. 2:18-cv-08962 (JLL/CLW)
`
`
`
`PLAINTIFF’S ANSWER TO
`DEFENDANT’S COUNTERCLAIM
`
`Case 2:18-cv-08962-JLL-CLW Document 36 Filed 09/18/18 Page 1 of 4 PageID: 940
`
`
`James E. Cecchi
`Caroline F. Bartlett
`CARELLA, BYRNE, CECCHI, OLSTEIN
`BRODY & AGNELLO, P.C.
`5 Becker Farm Road
`Roseland, NJ 07068
`Telephone: (973) 994-1700
`Facsimile: (973) 994-1744
`Attorneys for Plaintiff SIPCO, LLC
`
`
`Gregory J. Myers, MN #0287398
`LOCKRIDGE GRINDAL NAUEN P.L.L.P.
`100 Washington Ave. S., Suite 2200
`Minneapolis, MN 55401
`Telephone: (612) 339-6900
`Facsimile: (612) 339-0981
`
`
`
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`
`
`
`
`
`
`
`
`
`For its Answer to the Counterclaim asserted by Defendant RAB Lighting, Inc.
`
`(“RAB”), Plaintiff SIPCO, LLC (“SIPCO”) hereby states as follows:
`
`PARTIES
`
`1.
`
`SIPCO admits the allegations set forth in paragraph 1 of RAB’s
`
`Counterclaim.
`
`2.
`
`In response to paragraph 2 of RAB’s Counterclaim, SIPCO states that it is
`
`without information sufficient to form a belief as to the truth of the allegations set forth in
`
`paragraph 2 of RAB’s Counterclaim and therefore denies the same.
`
`
`
`531296.1
`
`

`

`Case 2:18-cv-08962-JLL-CLW Document 36 Filed 09/18/18 Page 2 of 4 PageID: 941
`
`
`JURISDICTION AND VENUE
`
`3.
`
`In response to paragraph 3 of RAB’s Counterclaim, SIPCO states that it
`
`sets forth a legal conclusion to which no response is required.
`
`4.
`
`In response to paragraph 4 of RAB’s Counterclaim, SIPCO states that it
`
`sets forth a legal conclusion to which no response is required.
`
`NATURE OF ACTION
`
`5.
`
`In response to paragraph 5 of RAB’s Counterclaim, SIPCO states that RAB
`
`has so pleaded, but denies that RAB is entitled to any relief or that SIPCO is in any way
`
`liable to RAB.
`
`BACKGROUND
`
`6.
`
`SIPCO admits the allegations set forth in paragraph 6 of RAB’s
`
`Counterclaim.
`
`7.
`
`SIPCO admits the allegations set forth in paragraph 6 of RAB’s
`
`Counterclaim.
`
`8.
`
`In response to paragraph 8 of RAB’s Counterclaim, SIPCO states that that
`
`its Original Complaint filed on or about May 8, 2018 and its Amended Complaint speak
`
`for themselves and denies any allegations inconsistent therewith and denies any
`
`allegation that SIPCO violated the Confidentiality Agreement. SIPCO denies all
`
`remaining allegations of paragraph 8 that pertain to SIPCO.
`
`COUNT I – BREACH OF CONTRACT
`
`9.
`
`In response to paragraph 9 of RAB’s Counterclaim, SIPCO restates and
`
`incorporates its responses in the preceding paragraphs as if set forth fully here.
`
`531296.1
`
`2
`
`

`

`Case 2:18-cv-08962-JLL-CLW Document 36 Filed 09/18/18 Page 3 of 4 PageID: 942
`
`
`10.
`
`In response to paragraph 10 of RAB’s Counterclaim, SIPCO states that the
`
`Confidentiality Agreement speaks for itself and denies any allegations inconsistent
`
`therewith, and further states that the allegations in paragraph 10 set forth legal
`
`conclusions to which no response is required.
`
`11.
`
`In response to paragraph 11 of RAB’s Counterclaim, SIPCO states that it is
`
`without information sufficient to form a belief as to the truth of the allegations set forth in
`
`paragraph 11 of RAB’s Counterclaim and therefore denies the same.
`
`12.
`
`SIPCO denies the allegations set forth in paragraph 12 of RAB’s
`
`Counterclaim.
`
`13.
`
`SIPCO denies the allegations set forth in paragraph 13 of RAB’s
`
`Counterclaim.
`
`14.
`
`SIPCO denies the allegations set forth in paragraph 14 of RAB’s
`
`Counterclaim.
`
`15.
`
`SIPCO denies the allegations set forth in paragraph 15 of RAB’s
`
`Counterclaim.
`
`16.
`
`SIPCO denies that RAB is entitled to any of the relief that it seeks in the
`
`paragraphs following the “WHEREFORE” paragraph in its Counterclaim.
`
`AFFIRMATIVE DEFENSES
`
`FIRST AFFIRMATIVE DEFENSE
`(FAILURE TO STATE A CLAIM)
`
`17. RAB’s Counterclaim fails to state a claim upon which relief may be
`
`granted.
`
`531296.1
`
`3
`
`

`

`Case 2:18-cv-08962-JLL-CLW Document 36 Filed 09/18/18 Page 4 of 4 PageID: 943
`
`
`
`
`Date: September 18, 2018.
`
`
`
`
`
`
`
`/s/James E. Cecchi
`James E. Cecchi
`Caroline F. Bartlett
`CARELLA, BYRNE, CECCHI, OLSTEIN
`BRODY & AGNELLO, P.C.
`5 Becker Farm Road
`Roseland, NJ 07068
`Telephone: (973) 994-1700
`Facsimile: (973) 994-1744
`
`Gregory J. Myers, MN #0287398
`LOCKRIDGE GRINDAL NAUEN P.L.L.P.
`100 Washington Ave. S., Suite 2200
`Minneapolis, MN 55401
`Telephone: (612) 339-6900
`Facsimile: (612) 339-0981
`
`Attorneys for Plaintiff
`
`531296.1
`
`4
`
`

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