Beruflich Dokumente
Kultur Dokumente
)
DANIEL PARISI, )
WHITEHOUSE.COM INC., )
WHITEHOUSE NETWORK LLC, )
WHITE HOUSE COMMUNICATIONS INC., ) Civil Action
) No. 1:10-cv-00897 RJL
)
Plaintiffs )
v. )
)
JEFFREY RENSE, )
LAWRENCE W. SINCLAIR a/k/a Larry Sinclair, )
BARNES & NOBLE, INC., )
BARNESANDNOBLE.COM LLC, )
AMAZON.COM, INC., )
BOOKS-A-MILLION, INC., and )
SINCLAIR PUBLISHING, INC., )
)
Defendants. )
)
Gates LLP, answers the Complaint of Plaintiffs Daniel Parisi, Whitehouse.com Inc.,
Whitehouse Network LLC, and White House Communications Inc. (collectively Parisi )
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Case 1:10-cv-00897-RJL Document 36 Filed 08/02/10 Page 2 of 12
BACKGROUND
34. Answering Paragraph 34, Amazon.com admits that Sinclair s book (as that
book is defined in paragraph 31 of the Complaint) has been available for sale through the
Amazon.com website. With respect to the rest of the allegations in Paragraph 34,
35. Answering Paragraph 35, Amazon.com admits that its website has contained
complaint. Amazon.com denies that this was its Product Description , and denies that it
made any false or defamatory statements regarding the plaintiffs. With respect to any
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Case 1:10-cv-00897-RJL Document 36 Filed 08/02/10 Page 3 of 12
Sinclair s book has been available for sale through the Amazon.com website, and that the
website has contained text labeled Product Description , a portion of which is quoted in
Paragraph 36 of the Complaint. Amazon.com denies that this was its Product
Description , and denies that it made any false or defamatory statements regarding the
Agreements with authors, and that such an agreement was accepted by Sinclair
Publishing, Inc., the complete text and terms of which speak for themselves. With
www.amazon.co.de sell books. Amazon.com denies that it sells books on these websites.
Amazon.com cannot determine what is meant by the vague reference similar books ,
and is therefore without sufficient knowledge to answer that allegation, which shall have
the effect of a denial. With respect to any remaining allegations in Paragraph 37 of the
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Case 1:10-cv-00897-RJL Document 36 Filed 08/02/10 Page 4 of 12
Amazon.com, Amazon.com denies the same. With respect to any remaining allegations
Amazon.com, Amazon.com denies the same. With respect to any remaining allegations
Amazon.com, Amazon.com denies the same. With respect to any remaining allegations
answer the allegations contained in Paragraphs 48 of the Complaint, which shall have the
effect of a denial.
answer the allegations contained in Paragraph 49 of the Complaint, which shall have the
effect of a denial.
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Case 1:10-cv-00897-RJL Document 36 Filed 08/02/10 Page 5 of 12
answer the allegations contained in Paragraph 50 of the Complaint, which shall have the
effect of a denial.
answer the allegations contained in Paragraph 51 of the Complaint, which shall have the
effect of a denial.
53. Answering Paragraph 53, this paragraph contains only legal conclusions. To
the extent this paragraph contains any factual allegations, Amazon.com denies the same.
COUNT I
Amazon.com, Amazon.com denies the same. With respect to any remaining allegations
58 and 59. Answering Paragraphs 58 and 59, to the extent these allegations
pertain to Amazon.com, Amazon.com denies the same. With respect to any remaining
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Case 1:10-cv-00897-RJL Document 36 Filed 08/02/10 Page 6 of 12
knowledge to answer the allegations, which shall have the effect of a denial.
answer the allegations contained in Paragraph 60 of the Complaint, which shall have the
effect of a denial.
61. Answering Paragraph 61, Amazon.com admits that the referenced book was
offered for sale. Amazon.com is without sufficient knowledge to answer the remaining
allegations contained in Paragraph 61 of the Complaint, which shall have the effect of a
denial.
Amazon.com, Amazon.com denies the same. With respect to any remaining allegations
answer the allegations contained in Paragraph 63 of the Complaint, which shall have the
effect of a denial.
COUNT II
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Case 1:10-cv-00897-RJL Document 36 Filed 08/02/10 Page 7 of 12
answer the allegations contained in Paragraph 66 of the Complaint, which shall have the
effect of a denial.
67 and 68. Answering Paragraphs 67 and 68, to the extent these allegations
pertain to Amazon.com, Amazon.com denies the same. With respect to any remaining
knowledge to answer the allegations, which shall have the effect of a denial.
answer the allegations contained in Paragraph 69 of the Complaint, which shall have the
effect of a denial.
COUNT III
(Business Disparagement)
allegations pertain to Amazon.com, Amazon.com denies the same. With respect to any
sufficient knowledge to answer the allegations, which shall have the effect of a denial.
answer the allegations contained in Paragraph 74 of the Complaint, which shall have the
effect of a denial.
75 and 76. Answering Paragraphs 75 and 76, Amazon.com denies the same.
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Case 1:10-cv-00897-RJL Document 36 Filed 08/02/10 Page 8 of 12
COUNT IV
answer the allegations contained in Paragraph 78 of the Complaint, which shall have the
effect of a denial.
allegations pertain to Amazon.com, Amazon.com denies the same. With respect to any
sufficient knowledge to answer the allegations, which shall have the effect of a denial.
COUNT V
(Civil Conspiracy)
allegations pertain to Amazon.com, Amazon.com denies the same. With respect to any
sufficient knowledge to answer the allegations, which shall have the effect of a denial.
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Case 1:10-cv-00897-RJL Document 36 Filed 08/02/10 Page 9 of 12
AFFIRMATIVE DEFENSES
following:
1. Failure to State a Claim. Parisi has failed to state a claim for which relief
can be granted.
immunity granted under the Communications Decency Act of 1996, 47 U.S.C. § 230.
5. Truth. Parisi s claims are barred to the extent that the allegedly
may be recognized under negligence principles, they are barred by his own contributory
fault or negligence.
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Case 1:10-cv-00897-RJL Document 36 Filed 08/02/10 Page 10 of 12
10. Conduct of Third Parties. Parisi s claims were caused by the conduct of
11. Waiver, Laches and Estoppel. Parisi s claims are barred by his own
limitations.
13. Lack of Fault. Parisi s claims for actual, presumed and/or punitive
14. Parasitic Torts Bar. Parisi s claims for all non-defamation torts are barred
for one or more of the reasons alleged herein that protect the statements from alleged
claims of defamation.
15. Protected Opinion. Parisi s claims are barred to the extent that the
Reserved. Amazon.com reserves the right to assert additional affirmative defenses based
upon information supplied by Parisi and/or any other party as its investigation continues,
and reserves the right to assert claims for indemnity or contribution as warranted.
under all applicable statutes, court rules and recognized grounds of equity;
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Case 1:10-cv-00897-RJL Document 36 Filed 08/02/10 Page 11 of 12
3. Amazon.com be awarded such other and further relief as the Court may
Respectfully Submitted,
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Case 1:10-cv-00897-RJL Document 36 Filed 08/02/10 Page 12 of 12
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Answer of
Amazon.com, Inc. was served this 2nd day of August, 2010 via the Court s Electronic
Case Filing ( ECF ) system. I understand that notice of this filing will be sent to all
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