On September 18, 2007 a
Motion-Secondary
was filed
involving a dispute between
Carlson, Courtney ,
Carlson, Hillary ,
and
Dunn, Heather ,
for (CV) CIVIL COMMON PLEAS
in the District Court of Delaware County.
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IN THE COURT OF COMMON PLEAS
DELAWARE COUNTY, OHIO
Hillary Carlson, dba Wingate Farm, et al.,
Case No.: O7CVH 09 1117
Plaintiffs,
Judge W. Duncan Whitney
v.
Heather Dunn,
Defendant. S
=
oF
PLAINTIFFS’ REPLY TO oS
DEFENDANT’S COUNTERCLAIM Re
oO
uv
Now come Plaintiffs Hillary Carlson and Courtney Carlson (dba Wingate
Farm) (hereinafter “Plaintiffs) in answer to Defendant’s Counterclaim states as follows:
1. Plaintiffs admit the allegations contained in numbered Paragraph 27 of
Defendant’s Counterclaim.
2. Plaintiffs deny the allegations of numbered Paragraph 28 of Defendant’s
Counterclaim.
3. Plaintiffs deny the allegations of numbered Paragraph 29 of Defendant’s
Counterclaim.
4, Plaintiffs deny the allegations of numbered Paragraph 30 of Defendant’s
Counterclaim.
5. In response to Paragraph 31, Plaintiffs reassert the admissions, denials, and
defenses set forth in the preceding paragraphs.
6. Plaintiffs deny the allegations of numbered Paragraph 32 of Defendant’s
Counterclaim.
Si :2lHd = 190 L002
(OL
0 ‘ALNNOD 3
Og) Sad
07 CVHO9
4117
REPL7. Plaintiffs deny the allegations of numbered Paragraph 33 of Defendant’s
Counterclaim. ,
8. Plaintiffs deny the allegations of numbered Paragraph 34 of Defendant’s
Counterclaim.
9. Plaintiffs deny the allegations of numbered Paragraph 35 of Defendant’s
Counterclaim.
10. Plaintiffs deny the allegations of numbered Paragraph 36 of Defendant’s
Counterclaim.
11. Plaintiffs deny the allegations of numbered Paragraph 37 of Defendant’s
Counterclaim.
12. In response to Paragraph 38, Plaintiffs reassert the admissions, denials, and
defenses set forth in the preceding paragraphs.
13. Plaintiffs deny for want of sufficient knowledge the allegations contained in
numbered Paragraph 39 of Defendant’s Counterclaim.
14. Plaintiffs deny for want of sufficient knowledge the allegations contained in
numbered Paragraph 40 of Defendant’s Counterclaim.
15. Plaintiffs deny the allegations of numbered Paragraph 41 of Defendant’s
Counterclaim.
16. Plaintiffs deny the allegations of numbered Paragraph 42 of Defendant’s
Counterclaim.
17. Plaintiffs deny the allegations of numbered Paragraph 43 of Defendant’s
Counterclaim.18. Plaintiffs deny the allegations of numbered Paragraph 44 of Defendant’s
Counterclaim.
19. In response to Paragraph 45, Plaintiffs reassert the admissions, denials, and
defenses set forth in the preceding paragraphs.
20. Plaintiffs deny the allegations of numbered Paragraph 46 of Defendant’s
Counterclaim.
21. Plaintiffs deny the allegations of numbered Paragraph 47 of Defendant’s
Counterclaim.
22. Plaintiffs deny the allegations of numbered Paragraph 48 of Defendant’s
Counterclaim.
23. Inresponse to Paragraph 49, Plaintiffs reassert the admissions, denials, and
defenses set forth in the preceding paragraphs.
24. Plaintiffs deny for want of sufficient knowledge the allegations contained in
numbered Paragraph 50 of Defendant’s Counterclaim.
25. Plaintiffs deny for want of sufficient knowledge the allegations contained in
numbered Paragraph 51 of Defendant’s Counterclaim.
26. Plaintiffs deny the allegations of numbered Paragraph 52 of Defendant’s
Counterclaim.
27. Plaintiff's deny for want of sufficient knowledge the allegations contained in
numbered Paragraph 53 of Defendant’s Counterclaim.
28. Plaintiffs deny the allegations of numbered Paragraph 54 of Defendant’s
Counterclaim.29. Plaintiffs deny the allegations of numbered Paragraph 55 of Defendant’s
Counterclaim.
30. Plaintiffs deny the allegations of numbered Paragraph 56 of Defendant’s
Counterclaim.
31. Plaintiffs deny the allegations of numbered Paragraph 57 of Defendant’s
Counterclaim.
32. In response to Paragraph 58, Plaintiffs reassert the admissions, denials, and
defenses set forth in the preceding paragraphs.
33. Plaintiffs deny the allegations of numbered Paragraph 59 of Defendant’s
Counterclaim.
34. Plaintiffs deny for want of sufficient knowledge the allegations contained in
numbered Paragraph 60 of Defendant’s Counterclaim.
35. Plaintiffs deny the allegations of numbered Paragraph 61 of Defendant’s
Counterclaim.
36. Plaintiffs deny the allegations of numbered Paragraph 62 of Defendant’s
Counterclaim.
37. Plaintiffs deny the allegations of numbered Paragraph 63 of Defendant’s
Counterclaim.
38. Plaintiffs deny the allegations of numbered Paragraph 64 of Defendant’s
Counterclaim.
39. In response to Paragraph 65, Plaintiffs reassert the admissions, denials, and
defenses set forth in the preceding paragraphs.40. Plaintiffs deny for want of sufficient knowledge the allegations contained in
numbered Paragraph 66 of Defendant’s Counterclaim.
41. Plaintiffs admit the allegations of numbered Paragraph 67 of Defendant’s
Counterclaim.
42. Plaintiffs admit the allegations of numbered Paragraph 68 of Defendant’s
Counterclaim.
43. Plaintiffs deny that they agreed to assist Defendant in marketing her horse for sale
as alleged in numbered Paragraph 69 of Defendant’s Counterclaim. Answering further,
Plaintiffs admit that the horse was shown to an individual who was interested in
purchasing the animal.
44, Plaintiffs deny for want of sufficient knowledge the allegations contained in
numbered Paragraph 70 of Defendant’s Counterclaim.
45. Plaintiffs deny for want of sufficient knowledge the allegations contained in
numbered Paragraph 71 of Defendant’s Counterclaim.
46. Plaintiffs deny the allegations of numbered Paragraph 72 of Defendant’s
Counterclaim.
47. Plaintiffs deny the allegations of numbered Paragraph 73 of Defendant’s
Counterclaim.
48. Plaintiffs deny the allegations of numbered Paragraph 74 of Defendant’s
Counterclaim.
49, Plaintiffs deny for want of sufficient knowledge the allegations contained in
numbered Paragraph 75 of Defendant’s Counterclaim.50. Plaintiffs deny the allegations of numbered Paragraph 76 of Defendant’s
2 Counterclaim.
a
x 51. Plaintiffs deny the allegations of numbered Paragraph 77 of Defendant’s
2}
a Counterclaim.
9
& 52. Plaintiffs deny the allegations of numbered Paragraph 78 of Defendant’s
Counterclaim.
53. Plaintiffs deny the allegations of numbered Paragraph 79 of Defendant’s
Counterclaim.
54. Plaintiffs deny the allegations of numbered Paragraph 80 of Defendant’s
Counterclaim.
55. In response to Paragraph 81, Plaintiffs reassert the admissions, denials, and
defenses set forth in the preceding paragraphs.
56. Plaintiffs deny the allegations of numbered Paragraph 82 of Defendant’s
Counterclaim.
57. Plaintiffs deny the allegations of numbered Paragraph 83 of Defendant’s
Counterclaim.
58. Plaintiffs deny the allegations of numbered Paragraph 84 of Defendant’s
Counterclaim.
59. Plaintiffs deny the allegations of numbered Paragraph 85 of Defendant’s
Counterclaim.
60. Plaintiffs deny the allegations of numbered Paragraph 86 of Defendant’s
Counterclaim.61. Plaintiffs deny the allegations of numbered Paragraph 87 of Defendant’s
a
3 Counterclaim.
62. Plaintiffs deny the allegations of numbered Paragraph 88 of Defendant’s
- Counterclaim.
8 FIRST AFFIRMATIVE DEFENSE
63. Defendant’s Counterclaims fail to state a claim upon which relief can be granted.
SECOND AFFIRMATIVE DEFENSE
64, Defendant’s Counterclaims are barred by estoppel, release and/or waiver.
THIRD AFFIRMATIVE DEFENSE
65. Defendant’s Counterclaims are barred by its own breach of the contract.
FOURTH AFFIRMATIVE DEFENSE
66. Defendant’s Counterclaims are barred by Defendant’s unclean hands with respect
to its transactions with Plaintiffs.
FIFTH AFFIRMATIVE DEFENSE
67. Plaintiffs’ reserve the right to assert affirmative defenses and/or claims that may
be discovered during the course of these proceedings.
WHEREFORE, Plaintiffs respectfully request:
1) Defendant’s Counterclaims be dismissed with prejudice
2) The Court enter judgment for Plaintiffs on their Complaint against
Defendant, and
3) For such other relief that the Court deems just and equitable.E-mail: dbarréif@ohiocounsel.com
Troy A. Callicoat (076279)
E-mail: teallicoat@ohiocounsel.com
BARRETT, EASTERDAY,
CUNNINGHAM & ESELGROTH LLP
7269 Sawmill Road, Suite 100
Dublin, Ohio 43016
Telephone: (614)210-1840
Facsimile: (614)210-1841
Attormeys for Plaintiffs
CERTIFICATE OF SERVICE
I certify that a true copy of the foregoing Plaintiffs’ Reply to Defendant’s
Counterclaim was served by U.S. mail, postage prepaid, on October 2, 2007, upon the
following attorney of record representing Defendant:
Laura J. Martin
131 N. Ludlow Street, Ste. 840
Dayton, Ohio 45402
BYMDavid C. Barrett. (0017273)
Attormey for Pjatitiffs
Judge
WHITNEY, W. DUNCAN
Track Judge’s New Case
Document Filed Date
October 04, 2007
Case Filing Date
September 18, 2007
Category
(CV) CIVIL COMMON PLEAS
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IN THE COURT OF COMMON PLEAS DELAWARE COUNTY, OHIO Hillary Carlson, dba Wingate Farm, et al., Case No.: O7CVH 09 1117 Plaintiffs, Judge W. Duncan Whitney v. Heather Dunn, Defendant. S = oF PLAINTIFFS’ REPLY TO oS DEFENDANT’S COUNTERCLAIM Re oO uv Now come Plaintiffs Hillary Carlson and Courtney Carlson (dba Wingate Farm) (hereinafter “Plaintiffs) in answer to Defendant’s Counterclaim states as follows: 1. Plaintiffs admit the allegations contained in numbered Paragraph 27 of Defendant’s Counterclaim. 2. Plaintiffs deny the allegations of numbered Paragraph 28 of Defendant’s Counterclaim. 3. Plaintiffs deny the allegations of numbered Paragraph 29 of Defendant’s Counterclaim. 4, Plaintiffs deny the allegations of numbered Paragraph 30 of Defendant’s Counterclaim. 5. In response to Paragraph 31, Plaintiffs reassert the admissions, denials, and defenses set forth in the preceding paragraphs. 6. Plaintiffs deny the allegations of numbered Paragraph 32 of Defendant’s Counterclaim. Si :2lHd = 190 L002 (OL 0 ‘ALNNOD 3 Og) Sad 07 CVHO9 4117 REPL7. Plaintiffs deny the allegations of numbered Paragraph 33 of Defendant’s Counterclaim. , 8. Plaintiffs deny the allegations of numbered Paragraph 34 of Defendant’s Counterclaim. 9. Plaintiffs deny the allegations of numbered Paragraph 35 of Defendant’s Counterclaim. 10. Plaintiffs deny the allegations of numbered Paragraph 36 of Defendant’s Counterclaim. 11. Plaintiffs deny the allegations of numbered Paragraph 37 of Defendant’s Counterclaim. 12. In response to Paragraph 38, Plaintiffs reassert the admissions, denials, and defenses set forth in the preceding paragraphs. 13. Plaintiffs deny for want of sufficient knowledge the allegations contained in numbered Paragraph 39 of Defendant’s Counterclaim. 14. Plaintiffs deny for want of sufficient knowledge the allegations contained in numbered Paragraph 40 of Defendant’s Counterclaim. 15. Plaintiffs deny the allegations of numbered Paragraph 41 of Defendant’s Counterclaim. 16. Plaintiffs deny the allegations of numbered Paragraph 42 of Defendant’s Counterclaim. 17. Plaintiffs deny the allegations of numbered Paragraph 43 of Defendant’s Counterclaim.18. Plaintiffs deny the allegations of numbered Paragraph 44 of Defendant’s Counterclaim. 19. In response to Paragraph 45, Plaintiffs reassert the admissions, denials, and defenses set forth in the preceding paragraphs. 20. Plaintiffs deny the allegations of numbered Paragraph 46 of Defendant’s Counterclaim. 21. Plaintiffs deny the allegations of numbered Paragraph 47 of Defendant’s Counterclaim. 22. Plaintiffs deny the allegations of numbered Paragraph 48 of Defendant’s Counterclaim. 23. Inresponse to Paragraph 49, Plaintiffs reassert the admissions, denials, and defenses set forth in the preceding paragraphs. 24. Plaintiffs deny for want of sufficient knowledge the allegations contained in numbered Paragraph 50 of Defendant’s Counterclaim. 25. Plaintiffs deny for want of sufficient knowledge the allegations contained in numbered Paragraph 51 of Defendant’s Counterclaim. 26. Plaintiffs deny the allegations of numbered Paragraph 52 of Defendant’s Counterclaim. 27. Plaintiff's deny for want of sufficient knowledge the allegations contained in numbered Paragraph 53 of Defendant’s Counterclaim. 28. Plaintiffs deny the allegations of numbered Paragraph 54 of Defendant’s Counterclaim.29. Plaintiffs deny the allegations of numbered Paragraph 55 of Defendant’s Counterclaim. 30. Plaintiffs deny the allegations of numbered Paragraph 56 of Defendant’s Counterclaim. 31. Plaintiffs deny the allegations of numbered Paragraph 57 of Defendant’s Counterclaim. 32. In response to Paragraph 58, Plaintiffs reassert the admissions, denials, and defenses set forth in the preceding paragraphs. 33. Plaintiffs deny the allegations of numbered Paragraph 59 of Defendant’s Counterclaim. 34. Plaintiffs deny for want of sufficient knowledge the allegations contained in numbered Paragraph 60 of Defendant’s Counterclaim. 35. Plaintiffs deny the allegations of numbered Paragraph 61 of Defendant’s Counterclaim. 36. Plaintiffs deny the allegations of numbered Paragraph 62 of Defendant’s Counterclaim. 37. Plaintiffs deny the allegations of numbered Paragraph 63 of Defendant’s Counterclaim. 38. Plaintiffs deny the allegations of numbered Paragraph 64 of Defendant’s Counterclaim. 39. In response to Paragraph 65, Plaintiffs reassert the admissions, denials, and defenses set forth in the preceding paragraphs.40. Plaintiffs deny for want of sufficient knowledge the allegations contained in numbered Paragraph 66 of Defendant’s Counterclaim. 41. Plaintiffs admit the allegations of numbered Paragraph 67 of Defendant’s Counterclaim. 42. Plaintiffs admit the allegations of numbered Paragraph 68 of Defendant’s Counterclaim. 43. Plaintiffs deny that they agreed to assist Defendant in marketing her horse for sale as alleged in numbered Paragraph 69 of Defendant’s Counterclaim. Answering further, Plaintiffs admit that the horse was shown to an individual who was interested in purchasing the animal. 44, Plaintiffs deny for want of sufficient knowledge the allegations contained in numbered Paragraph 70 of Defendant’s Counterclaim. 45. Plaintiffs deny for want of sufficient knowledge the allegations contained in numbered Paragraph 71 of Defendant’s Counterclaim. 46. Plaintiffs deny the allegations of numbered Paragraph 72 of Defendant’s Counterclaim. 47. Plaintiffs deny the allegations of numbered Paragraph 73 of Defendant’s Counterclaim. 48. Plaintiffs deny the allegations of numbered Paragraph 74 of Defendant’s Counterclaim. 49, Plaintiffs deny for want of sufficient knowledge the allegations contained in numbered Paragraph 75 of Defendant’s Counterclaim.50. Plaintiffs deny the allegations of numbered Paragraph 76 of Defendant’s 2 Counterclaim. a x 51. Plaintiffs deny the allegations of numbered Paragraph 77 of Defendant’s 2} a Counterclaim. 9 & 52. Plaintiffs deny the allegations of numbered Paragraph 78 of Defendant’s Counterclaim. 53. Plaintiffs deny the allegations of numbered Paragraph 79 of Defendant’s Counterclaim. 54. Plaintiffs deny the allegations of numbered Paragraph 80 of Defendant’s Counterclaim. 55. In response to Paragraph 81, Plaintiffs reassert the admissions, denials, and defenses set forth in the preceding paragraphs. 56. Plaintiffs deny the allegations of numbered Paragraph 82 of Defendant’s Counterclaim. 57. Plaintiffs deny the allegations of numbered Paragraph 83 of Defendant’s Counterclaim. 58. Plaintiffs deny the allegations of numbered Paragraph 84 of Defendant’s Counterclaim. 59. Plaintiffs deny the allegations of numbered Paragraph 85 of Defendant’s Counterclaim. 60. Plaintiffs deny the allegations of numbered Paragraph 86 of Defendant’s Counterclaim.61. Plaintiffs deny the allegations of numbered Paragraph 87 of Defendant’s a 3 Counterclaim. 62. Plaintiffs deny the allegations of numbered Paragraph 88 of Defendant’s - Counterclaim. 8 FIRST AFFIRMATIVE DEFENSE 63. Defendant’s Counterclaims fail to state a claim upon which relief can be granted. SECOND AFFIRMATIVE DEFENSE 64, Defendant’s Counterclaims are barred by estoppel, release and/or waiver. THIRD AFFIRMATIVE DEFENSE 65. Defendant’s Counterclaims are barred by its own breach of the contract. FOURTH AFFIRMATIVE DEFENSE 66. Defendant’s Counterclaims are barred by Defendant’s unclean hands with respect to its transactions with Plaintiffs. FIFTH AFFIRMATIVE DEFENSE 67. Plaintiffs’ reserve the right to assert affirmative defenses and/or claims that may be discovered during the course of these proceedings. WHEREFORE, Plaintiffs respectfully request: 1) Defendant’s Counterclaims be dismissed with prejudice 2) The Court enter judgment for Plaintiffs on their Complaint against Defendant, and 3) For such other relief that the Court deems just and equitable.E-mail: dbarréif@ohiocounsel.com Troy A. Callicoat (076279) E-mail: teallicoat@ohiocounsel.com BARRETT, EASTERDAY, CUNNINGHAM & ESELGROTH LLP 7269 Sawmill Road, Suite 100 Dublin, Ohio 43016 Telephone: (614)210-1840 Facsimile: (614)210-1841 Attormeys for Plaintiffs CERTIFICATE OF SERVICE I certify that a true copy of the foregoing Plaintiffs’ Reply to Defendant’s Counterclaim was served by U.S. mail, postage prepaid, on October 2, 2007, upon the following attorney of record representing Defendant: Laura J. Martin 131 N. Ludlow Street, Ste. 840 Dayton, Ohio 45402 BYMDavid C. Barrett. (0017273) Attormey for Pjatitiffs