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Filed: 12/28/2022 2:49 PM
Clerk
Tippecanoe County, Indiana
STATE OF INDIANA ) TIPPECANOE SUPERIOR COURT II
) SS:
COUNTY OF TIPPECANOE ) CAUSE NO.: 79D02-2208-PL-000075
FLATLINE CONCRETE & )
CUSTOMS, LLC, )
Plaintiff, )
v. )
SEYED AMIR SADEGHI, PURDUE )
FEDERAL CREDIT UNION, )
REGIONAL DEVELOPMENT )
COMPANY, U.S. SMALL BUSINESS )
ADMINISTRATION, IRVING )
MATERIALS, INC., BEST CHOICE )
MOTORS, LLC, )
Defendants. )
IRVING MATERIALS, INC., )
Counterclaim Plaintiff, )
v. )
SEYED AMIR SADEGHI, PURDUE )
FEDERAL CREDIT UNION, )
REGIONAL DEVELOPMENT )
COMPANY, U.S. SMALL BUSINESS )
ADMINISTRATION, )
Counterclaim Defendants. )
IRVING MATERIALS, INC., )
Crossclaim Plaintiff, )
v. )
FLATLINE CONCRETE & )
CUSTOMS, LLC, )
Crossclaim Defendant. )
SEYED AMIR SADEGHI, )
Crossclaim Plaintiff )
v. )
FLATLINE CONCRETE & CUSTOMS, )
LLC, )
Crossclaim Defendant )
BEST CHOICE MOTORS, LLC, )
Intervening Cross-claimant, )
v. )
)
FLATLINE CONCRETE & )
CUSTOMS, LLC, and JEREMY S. )
GORDON d/b/a FD and SONS )
CONCRETE, )
Crossclaim Defendants. )
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4875-8768-0069, v. 2
ANSWER TO IRVING MATERIALS, INC.’S AMENDED CROSSCLAIM
Plaintiff/Crossclaim Defendant Flatline Concrete & Customs, LLC (“Flatline”) provides
the following Answer to Defendant/Cross Claimant Irving Materials, Inc.’s (“Irving”) Amended
Crossclaim.
COUNT I – FORECLOSURE OF MECHANIC’S LIEN
All Counterclaim Defendants and Cross-Claim Defendant
1. Upon information and belief, Seyed Amir Sadeghi (“Sadeghi”) is the fee simple
owner of the real property situated at 2901 Teal Road, Lafayette, Indiana 47909 (the “Real
Estate”), and more particularly described as follows:
ANSWER: Admit.
2. In or about May 2022, IMI furnished materials to Flatline Concrete & Customs,
LLC (“Flatline”) for the improvement of the Real Estate in the amount of $5,309.89, all of which
remains due and owing.
ANSWER: Admit Irving furnished materials to Flatline, which Flatline used in the
improvement of the Real Estate.
3. IMI timely recorded its mechanic’s lien with the Tippecanoe County Recorder on
August 15, 2022, as Instrument Number 2022222014818 (“IMI’s Lien”), in accordance with
Indiana law not later than ninety (90) days after furnishing of materials. A true and accurate copy
of IMI’s Lien is attached hereto as EXHIBIT 1.
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ANSWER: To the extent Irving has recorded a mechanic’s lien with the Tippecanoe
County Recorder on August 15, 2022, as Instrument Number 2022222014818, admitted.
Otherwise, Flatline is without sufficient information to permit it to admit or deny the allegations
as contained in paragraph 3 of Irving’s Amended Crossclaim and therefore denies the same.
4. IMI claims a lien on the Real Estate owned by Sadeghi to secure payment of the
$5,309.89 still due and owing from Flatline for the materials provided for the improvement of
the Real Estate.
ANSWER: Flatline admits Best Choice Motors, LLC (“Best Choice”) has not paid
Flatline $60,000.00 as stated in Flatline’s Complaint, which is inclusive of the $5,309.89 due and
owing for the materials provided for the improvement of the Real Estate, owned by Sadeghi.
5. At the time of this filing, IMI’s Lien has not been paid, cancelled, or discharged,
and no other action of proceeding at law or in equity has been brought by IMI for foreclosure of
the line or for the recovery of the sums due to IMI.
ANSWER: Flatline is without sufficient information to permit it to admit or deny the
allegations as contained in paragraph 5 of Irving’s Amended Crossclaim and therefore denies the
same.
6. IMI has complied with all provisions of law relating to the filing and perfecting of
a mechanic’s lien.
ANSWER: Flatline is without sufficient information to permit it to admit or deny the
allegations as contained in paragraph 6 of Irving’s Amended Crossclaim and therefore denies the
same.
7. Upon information and belief, Flatline recorded a mechanic’s lien in the
Tippecanoe County Recorder’s Office on July 5, 2022, as Instrument Number 202222011950.
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ANSWER: Admit.
8. Defendant Purdue Federal Credit Union is named as a Counterclaim Defendant
due to any interest it may have in the Real Estate by virtue of mortgages it recorded on
November 24, 2020 as Document No. 202020024984 and on June 7, 2022 as Document No.
202222010193 and assignments of leases and rents recorded on November 24, 2020 as
Document No. 202020024985 and on June 7, 2022 as Document No. 202222010194.
ANSWER: Flatline is without sufficient information to permit it to admit or deny the
allegations as contained in paragraph 8 of Irving’s Amended Crossclaim and therefore denies the
same.
9. Defendant Regional Development Company is named as a Counterclaim
Defendant due to any interest it may have in the Real Estate by virtue of a mortgage recorded on
February 3, 2021 as Document No. 202121002554.
ANSWER: Flatline is without sufficient information to permit it to admit or deny the
allegations as contained in paragraph 9 of Irving’s Amended Crossclaim and therefore denies the
same.
10. Defendant U.S. Small Business Administration is named as a Counterclaim
Defendant due to any interest it may have in the Real Estate by virtue of an assignment of
mortgage and subordination agreement recorded on February 5, 2021 as Document No.
202121002753 and on June 7, 2022 as Document No. 202222010275.
ANSWER: Flatline is without sufficient information to permit it to admit or deny the
allegations as contained in paragraph 10 of Irving’s Amended Crossclaim and therefore denies
the same.
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11. Defendants Regional Development Company and U.S. Small Business
Administration are named as Counterclaim Defendants due to any interest in the Real Estate by
virtue of an assignment of leases and rents recorded on February 5, 2021 as Document No.
202121002754.
ANSWER: Flatline is without sufficient information to permit it to admit or deny the
allegations as contained in paragraph 11 of Irving’s Amended Crossclaim and therefore denies
the same.
12. Plaintiff Flatline Concrete & Customs, LLC is named as a Cross-claim Defendant
due to any interest it may have in the Real Estate by virtue of its mechanic’s lien recorded on
July 5, 2022 as Instrument No. 202222011950.
ANSWER: Admits Flatline has an interest in the Real Estate by virtue of its
mechanic’s lien recorded on July 5, 2022 as Instrument No. 202222011950.
THEREFORE, Plaintiff/Crossclaim Defendant Flatline Concrete & Customs, LLC
requests that Defendant/Cross Claimant Irving Materials, Inc. take nothing by way of its
Amended Cross-Claim against Defendant Flatline Concrete & Customs, LLC and for all other
relief just and proper in the premises.
Date: December 28, 2022 /s/Kaylin O. Cook
Rachel S. Bir, #36640-49
Kaylin O. Cook, #36921-49
GUTWEIN LAW
250 Main Street, Suite 590
Lafayette, IN 47901
Telephone:765.423.7900
Facsimile:765.423.7901
rachel.bir@gutweinlaw.com
kaylin.cook@gutweinlaw.com
ATTORNEYS FOR PLAINTIFF
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CERTIFICATE OF SERVICE
The undersigned hereby confirms that on today’s date I filed the foregoing ANSWER
TO IRVING MATERIALS, INC.’S AMENDED CROSS-CLAIM which was served to all
counsel of record via electronic mail:
Steven Kyle Dietrich
kd@rtslawfirm.com
Cecelia N. Harper
cnh@hereforlife.com
M. Michael Stephenson
mikestephenson@strial.com
Brian Irvin
brian.irvin@usdoj.gov
I further confirm that on today’s date, a copy of the foregoing document was served by
United States mail, postage prepaid, upon:
Regional Development Company
1757 Thornapple Circle
Valparaiso, IN 46385
Date: December 28, 2022 /s/Kaylin O. Cook
Kaylin O. Cook
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4875-8768-0069, v. 2
Preview
Filed: 12/28/2022 2:49 PM Clerk Tippecanoe County, Indiana STATE OF INDIANA ) TIPPECANOE SUPERIOR COURT II ) SS: COUNTY OF TIPPECANOE ) CAUSE NO.: 79D02-2208-PL-000075 FLATLINE CONCRETE & ) CUSTOMS, LLC, ) Plaintiff, ) v. ) SEYED AMIR SADEGHI, PURDUE ) FEDERAL CREDIT UNION, ) REGIONAL DEVELOPMENT ) COMPANY, U.S. SMALL BUSINESS ) ADMINISTRATION, IRVING ) MATERIALS, INC., BEST CHOICE ) MOTORS, LLC, ) Defendants. ) IRVING MATERIALS, INC., ) Counterclaim Plaintiff, ) v. ) SEYED AMIR SADEGHI, PURDUE ) FEDERAL CREDIT UNION, ) REGIONAL DEVELOPMENT ) COMPANY, U.S. SMALL BUSINESS ) ADMINISTRATION, ) Counterclaim Defendants. ) IRVING MATERIALS, INC., ) Crossclaim Plaintiff, ) v. ) FLATLINE CONCRETE & ) CUSTOMS, LLC, ) Crossclaim Defendant. ) SEYED AMIR SADEGHI, ) Crossclaim Plaintiff ) v. ) FLATLINE CONCRETE & CUSTOMS, ) LLC, ) Crossclaim Defendant ) BEST CHOICE MOTORS, LLC, ) Intervening Cross-claimant, ) v. ) ) FLATLINE CONCRETE & ) CUSTOMS, LLC, and JEREMY S. ) GORDON d/b/a FD and SONS ) CONCRETE, ) Crossclaim Defendants. ) 1 4875-8768-0069, v. 2 ANSWER TO IRVING MATERIALS, INC.’S AMENDED CROSSCLAIM Plaintiff/Crossclaim Defendant Flatline Concrete & Customs, LLC (“Flatline”) provides the following Answer to Defendant/Cross Claimant Irving Materials, Inc.’s (“Irving”) Amended Crossclaim. COUNT I – FORECLOSURE OF MECHANIC’S LIEN All Counterclaim Defendants and Cross-Claim Defendant 1. Upon information and belief, Seyed Amir Sadeghi (“Sadeghi”) is the fee simple owner of the real property situated at 2901 Teal Road, Lafayette, Indiana 47909 (the “Real Estate”), and more particularly described as follows: ANSWER: Admit. 2. In or about May 2022, IMI furnished materials to Flatline Concrete & Customs, LLC (“Flatline”) for the improvement of the Real Estate in the amount of $5,309.89, all of which remains due and owing. ANSWER: Admit Irving furnished materials to Flatline, which Flatline used in the improvement of the Real Estate. 3. IMI timely recorded its mechanic’s lien with the Tippecanoe County Recorder on August 15, 2022, as Instrument Number 2022222014818 (“IMI’s Lien”), in accordance with Indiana law not later than ninety (90) days after furnishing of materials. A true and accurate copy of IMI’s Lien is attached hereto as EXHIBIT 1. 2 4875-8768-0069, v. 2 ANSWER: To the extent Irving has recorded a mechanic’s lien with the Tippecanoe County Recorder on August 15, 2022, as Instrument Number 2022222014818, admitted. Otherwise, Flatline is without sufficient information to permit it to admit or deny the allegations as contained in paragraph 3 of Irving’s Amended Crossclaim and therefore denies the same. 4. IMI claims a lien on the Real Estate owned by Sadeghi to secure payment of the $5,309.89 still due and owing from Flatline for the materials provided for the improvement of the Real Estate. ANSWER: Flatline admits Best Choice Motors, LLC (“Best Choice”) has not paid Flatline $60,000.00 as stated in Flatline’s Complaint, which is inclusive of the $5,309.89 due and owing for the materials provided for the improvement of the Real Estate, owned by Sadeghi. 5. At the time of this filing, IMI’s Lien has not been paid, cancelled, or discharged, and no other action of proceeding at law or in equity has been brought by IMI for foreclosure of the line or for the recovery of the sums due to IMI. ANSWER: Flatline is without sufficient information to permit it to admit or deny the allegations as contained in paragraph 5 of Irving’s Amended Crossclaim and therefore denies the same. 6. IMI has complied with all provisions of law relating to the filing and perfecting of a mechanic’s lien. ANSWER: Flatline is without sufficient information to permit it to admit or deny the allegations as contained in paragraph 6 of Irving’s Amended Crossclaim and therefore denies the same. 7. Upon information and belief, Flatline recorded a mechanic’s lien in the Tippecanoe County Recorder’s Office on July 5, 2022, as Instrument Number 202222011950. 3 4875-8768-0069, v. 2 ANSWER: Admit. 8. Defendant Purdue Federal Credit Union is named as a Counterclaim Defendant due to any interest it may have in the Real Estate by virtue of mortgages it recorded on November 24, 2020 as Document No. 202020024984 and on June 7, 2022 as Document No. 202222010193 and assignments of leases and rents recorded on November 24, 2020 as Document No. 202020024985 and on June 7, 2022 as Document No. 202222010194. ANSWER: Flatline is without sufficient information to permit it to admit or deny the allegations as contained in paragraph 8 of Irving’s Amended Crossclaim and therefore denies the same. 9. Defendant Regional Development Company is named as a Counterclaim Defendant due to any interest it may have in the Real Estate by virtue of a mortgage recorded on February 3, 2021 as Document No. 202121002554. ANSWER: Flatline is without sufficient information to permit it to admit or deny the allegations as contained in paragraph 9 of Irving’s Amended Crossclaim and therefore denies the same. 10. Defendant U.S. Small Business Administration is named as a Counterclaim Defendant due to any interest it may have in the Real Estate by virtue of an assignment of mortgage and subordination agreement recorded on February 5, 2021 as Document No. 202121002753 and on June 7, 2022 as Document No. 202222010275. ANSWER: Flatline is without sufficient information to permit it to admit or deny the allegations as contained in paragraph 10 of Irving’s Amended Crossclaim and therefore denies the same. 4 4875-8768-0069, v. 2 11. Defendants Regional Development Company and U.S. Small Business Administration are named as Counterclaim Defendants due to any interest in the Real Estate by virtue of an assignment of leases and rents recorded on February 5, 2021 as Document No. 202121002754. ANSWER: Flatline is without sufficient information to permit it to admit or deny the allegations as contained in paragraph 11 of Irving’s Amended Crossclaim and therefore denies the same. 12. Plaintiff Flatline Concrete & Customs, LLC is named as a Cross-claim Defendant due to any interest it may have in the Real Estate by virtue of its mechanic’s lien recorded on July 5, 2022 as Instrument No. 202222011950. ANSWER: Admits Flatline has an interest in the Real Estate by virtue of its mechanic’s lien recorded on July 5, 2022 as Instrument No. 202222011950. THEREFORE, Plaintiff/Crossclaim Defendant Flatline Concrete & Customs, LLC requests that Defendant/Cross Claimant Irving Materials, Inc. take nothing by way of its Amended Cross-Claim against Defendant Flatline Concrete & Customs, LLC and for all other relief just and proper in the premises. Date: December 28, 2022 /s/Kaylin O. Cook Rachel S. Bir, #36640-49 Kaylin O. Cook, #36921-49 GUTWEIN LAW 250 Main Street, Suite 590 Lafayette, IN 47901 Telephone:765.423.7900 Facsimile:765.423.7901 rachel.bir@gutweinlaw.com kaylin.cook@gutweinlaw.com ATTORNEYS FOR PLAINTIFF 5 4875-8768-0069, v. 2 CERTIFICATE OF SERVICE The undersigned hereby confirms that on today’s date I filed the foregoing ANSWER TO IRVING MATERIALS, INC.’S AMENDED CROSS-CLAIM which was served to all counsel of record via electronic mail: Steven Kyle Dietrich kd@rtslawfirm.com Cecelia N. Harper cnh@hereforlife.com M. Michael Stephenson mikestephenson@strial.com Brian Irvin brian.irvin@usdoj.gov I further confirm that on today’s date, a copy of the foregoing document was served by United States mail, postage prepaid, upon: Regional Development Company 1757 Thornapple Circle Valparaiso, IN 46385 Date: December 28, 2022 /s/Kaylin O. Cook Kaylin O. Cook 6 4875-8768-0069, v. 2