Response KBM//Affirmative Defenses
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NEW YORK
————————————————————
KBM WORLD WIDE INC. : Civil Action # CV - 15 - 7254
Plaintiff, :
: VERIFIED ANSWER
-against- :
:
:
HANGOVER JOE’S HOLDING CORP. :
AND MATTHEW VEAL :
:
————————————————————
DEFENDANTS, HANGOVER HOLDING CORP. hereinafter “Hangover” and
MATTHEW VEAL, hereinafter “Veal”, by their attorneys answer the complaint as follows:
1. Answering the allegations contained in Paragraph 1, these answering Defendants
deny each and every allegation contained in said Paragraph.
2. Answering the allegations contained in Paragraphs 2, these answering Defendants deny
that Veal was or is the Chairman of the Board of Hangover.
3. Answering the allegations contained in Paragraphs 3, these answering Defendants
deny that KBM was an investor and deny that KBM was well known to plaintiffs.
Defendants lacks sufficient information and belief upon which to answer remaining
allegations.
4. Answering the allegations contained in Paragraph 4, these answering Defendants
denies each and every allegation contained in said Paragraph.
Case 2:15-cv-07254-SJF-GRB Document 14 Filed 01/26/16 Page 1 of 18 PageID #: 39
5. Answering the allegations contained in Paragraph 5, these answering Defendants
denies each and every allegation contained in said Paragraph.
6. Answering the allegations contained in Paragraphs 8, these answering Defendants
lacks sufficient information and belief upon which to answer in which district plaintiff
maintains its principal place of business and denies remaining allegations.
7. Answering the allegations contained in Paragraph 7, these answering Defendants
denies each and every allegation contained in said Paragraph.
8. Answering the allegations contained in Paragraphs 8, these answering Defendants
lacks sufficient information and belief upon which to answer said allegations.
9. Answering the allegations contained in Paragraph 9, these answering Defendants
denies that they have a place of business in Colorado.
10. Answering the allegations contained in Paragraph 10, these answering Defendants admit
the allegation in paragraph 10 of the complaint.
11. Answering the allegations contained in Paragraph 11, these answering Defendants
denies each and every allegation contained in said Paragraph.
12. Answering the allegations contained in Paragraph 12, these answering Defendants
denies each and every allegation contained in said Paragraph.
Case 2:15-cv-07254-SJF-GRB Document 14 Filed 01/26/16 Page 2 of 18 PageID #: 40
13. Answering defendants repeats and reiterates each and every response contained in
paragraph 1-12 of the Complaint with the same force and effect as if fully set forth
herein.
14. Answering the allegations in paragraph 14, the answering defendants deny that the note
was issued pursuant to a purchase agreement.
15. Answering the allegations contained in Paragraph 10, these answering Defendants admit
the allegation in paragraph 15 of the complaint.
16. Answering the allegations contained in Paragraph 16, these answering Defendants
denies each and every allegation contained in said Paragraph.
17. Answering the allegations contained in Paragraph 17, these answering Defendants
denies each and every allegation contained in said Paragraph.
18. Answering the allegations contained in Paragraph 19, these answering Defendants
deny each and every allegation contained in said Paragraph.
19. Answering the allegations contained in Paragraph 19, these answering Defendants
deny each and every allegation contained in said Paragraph.
20. Answering defendants repeat and reiterate each and every response contained in
paragraph 19 of the Complaint with the same force and effect as if fully set forth
herein.
Case 2:15-cv-07254-SJF-GRB Document 14 Filed 01/26/16 Page 3 of 18 PageID #: 41
21. Answering the allegations contained in Paragraphs 21, these answering Defendants
lack sufficient information and belief upon which to answer said allegations.
22. Answering the allegations contained in Paragraphs 22, these answering Defendants
lack sufficient information and belief upon which to answer said allegations.
23. Answering the allegations contained in Paragraph 23, these answering Defendants
denies each and every allegation contained in said Paragraph.
24. Answering defendants repeat and reiterate each and every response contained in
paragraph 1-23 of the Complaint with the same force and effect as if fully set forth
herein.
25. Answering the allegations contained in Paragraph 25, these answering Defendants
denies each and every allegation contained in said Paragraph.
26. Answering the allegations contained in Paragraph 26, these answering Defendants
denies each and every allegation contained in said Paragraph.
27. Answering the allegations contained in Paragraph 27, these answering Defendants
deny each and every allegation contained in said Paragraph.
28. Answering the allegations contained in Paragraph 28, these answering Defendants
denies each and every allegation contained in said Paragraph.
Case 2:15-cv-07254-SJF-GRB Document 14 Filed 01/26/16 Page 4 of 18 PageID #: 42
29. Answering the allegations contained in Paragraph 29, these answering Defendants
deny each and every allegation contained in said Paragraph.
30. Answering the allegations contained in Paragraph 30, these answering Defendants
deny each and every allegation contained in said Paragraph.
31. Answering the allegations contained in Paragraph 31, these answering Defendants
deny each and every allegation contained in said Paragraph.
32. Answering the allegations contained in Paragraph 32, these answering Defendants
deny each and every allegation contained in said Paragraph.
33. Answering Defendants repeat and reiterate each and every response contained in
paragraph 1-32 of the Complaint with the same force and effect as if fully set forth
herein.
34. Answering the allegations in paragraph 34, these answering Defendants deny each and
every allegation contained in said Paragraph.
35. Answering the allegations contained in Paragraph 35, these answering Defendants
deny each and every allegation contained in said Paragraph.
36. Answering defendants repeat and reiterate each and every response contained in
paragraph 1-35 of the Complaint with the same force and effect as if fully set forth
herein.
Case 2:15-cv-07254-SJF-GRB Document 14 Filed 01/26/16 Page 5 of 18 PageID #: 43
37. Answering the allegations contained in Paragraph 37, these answering Defendants
deny each and every allegation contained in said Paragraph.
38. Answering the allegations contained in Paragraph 38, these answering Defendants
deny each and every allegation contained in said Paragraph.
39. Answering the allegations contained in Paragraph 39, these answering Defendants
deny each and every allegation contained in said Paragraph.
40. Answering the allegations contained in Paragraph 40, these answering Defendants
deny each and every allegation contained in said Paragraph.
41. Answering defendants repeat and reiterate each and every response contained in
paragraph 1-35 of the Complaint with the same force and effect as if fully set forth
herein.
42. Answering the allegations contained in Paragraph 42, these answering Defendants
deny each and every allegation contained in said Paragraph.
43. Answering the allegations contained in Paragraph 43, these answering Defendants
deny each and every allegation contained in said Paragraph.
44. Answering the allegations contained in Paragraphs 44, these answering Defendants
lack sufficient information and belief upon which to answer said allegations.
45. Answering the allegations contained in Paragraphs 45, these answering Defendants
Case 2:15-cv-07254-SJF-GRB Document 14 Filed 01/26/16 Page 6 of 18 PageID #: 44
lack sufficient information and belief upon which to answer said allegations.
46. Answering the allegations contained in Paragraph 46, these answering Defendants
deny each and every allegation contained in said Paragraph.
47. Answering the allegations contained in Paragraphs 47, these answering Defendants
lack sufficient information and belief upon which to answer said allegations.
48. Answering the allegations contained in Paragraphs 48, these answering Defendants
lack sufficient information and belief upon which to answer said allegations.
49. Answering the allegations contained in Paragraphs 49, these answering Defendants
lack sufficient information and belief upon which to answer said allegations.
50. Answering the allegations contained in Paragraphs 50, these answering Defendants
lack sufficient information and belief upon which to answer said allegations.
51. Answering the allegations contained in Paragraph 51, these answering Defendants
deny each and every allegation contained in said Paragraph.
52. Answering the allegations contained in Paragraph 52, these answering Defendants
deny each and every allegation contained in said Paragraph.
53. Answering the allegations contained in Paragraph 53, these answering Defendants
deny each and every allegation contained in said Paragraph.
Case 2:15-cv-07254-SJF-GRB Document 14 Filed 01/26/16 Page 7 of 18 PageID #: 45
54. Answering defendants repeat and reiterate each and every response contained in
paragraph 1-53 of the Complaint with the same force and effect as if fully set forth
herein.
55. Answering the allegations contained in Paragraph 55, these answering Defendants
deny each and every allegation contained in said Paragraph.
56. Answering the allegations contained in Paragraph 56, these answering Defendants
deny each and every allegation contained in said Paragraph.
57. Answering the allegations contained in Paragraph 57, these answering Defendants
deny each and every allegation contained in said Paragraph.
58. Answering the allegations contained in Paragraph 58, these answering Defendants
deny each and every allegation contained in said Paragraph.
59. Answering defendants repeat and reiterate each and every response contained in
paragraph 1-58 of the Complaint with the same force and effect as if fully set forth
herein.
60. Answering the allegations contained in Paragraph 60, these answering Defendants
deny each and every allegation contained in said Paragraph.
61. Answering the allegations contained in Paragraph 61, these answering Defendants
Case 2:15-cv-07254-SJF-GRB Document 14 Filed 01/26/16 Page 8 of 18 PageID #: 46
deny each and every allegation contained in said Paragraph.
62. Answering the allegations contained in Paragraph 62, these answering Defendants
deny each and every allegation contained in said Paragraph.
63. Answering the allegations contained in Paragraph 63, these answering Defendants
deny each and every allegation contained in said Paragraph.
FIRST AFFIRMATIVE DEFENSE
64. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to lack of subject-matter jurisdiction;
SECOND AFFIRMATIVE DEFENSE
65. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to lack of personal jurisdiction;
THIRD AFFIRMATIVE DEFENSE
66. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to improper venue;
FOURTH AFFIRMATIVE DEFENSE
67. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
Case 2:15-cv-07254-SJF-GRB Document 14 Filed 01/26/16 Page 9 of 18 PageID #: 47
complaint due to insufficient process;
FIFTH AFFIRMATIVE DEFENSE
68. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to insufficient service of process;
SIXTH AFFIRMATIVE DEFENSE
69. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to failure to state a claim upon which relief can be granted; and
SEVENTH AFFIRMATIVE DEFENSE
70. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to failure to join a party under Rule 19.
EIGHTH AFFIRMATIVE DEFENSE
71. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to Illegality including:
A)usury
B)10(b)5 market manipulation; manipulative and deceptive practices
NINTH AFFIRMATIVE DEFENSE
72. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to lack of standing
Case 2:15-cv-07254-SJF-GRB Document 14 Filed 01/26/16 Page 10 of 18 PageID #: 48
TENTH AFFIRMATIVE DEFENSE
73. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to the unconscionable terms of the contract.
ELEVENTH AFFIRMATIVE DEFENSE
74. Plaintiff is barred in whole or in part from prosecuting the claims set forth in the
complaint due to usury.
TWELFTH AFFIRMATIVE DEFENSE
75. Plaintiff is barred in whole or in part from prosecuting the claims set forth in the
complaint due to duress.
THIRTEENTH AFFIRMATIVE DEFENSE
76. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to Doctrine of unclean hands.
FOURTEENTH AFFIRMATIVE DEFENSE
77. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to failure of consideration.
FIFTEENTH AFFIRMATIVE DEFENSE
78. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
Case 2:15-cv-07254-SJF-GRB Document 14 Filed 01/26/16 Page 11 of 18 PageID #: 49
complaint due to fraud;
SIXTEENTH AFFIRMATIVE DEFENSE
79. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to laches;
SEVENTEENTH AFFIRMATIVE DEFENSE
80. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to license, or lack thereof;
EIGHTEENTH AFFIRMATIVE DEFENSE
81. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the complaint
due to payment;
NINETEENTH AFFIRMATIVE DEFENSE
82. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to the statute of frauds;
TWENTIETH AFFIRMATIVE DEFENSE
83. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to waiver.
Case 2:15-cv-07254-SJF-GRB Document 14 Filed 01/26/16 Page 12 of 18 PageID #: 50
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NEW YORK
————————————————————
KBM WORLD WIDE INC. : Civil Action # CV - 15 - 7254
Plaintiff, :
: VERIFIED ANSWER
-against- :
:
:
HANGOVER JOE’S HOLDING CORP. :
AND MATTHEW VEAL :
:
————————————————————
DEFENDANTS, HANGOVER HOLDING CORP. hereinafter “Hangover” and
MATTHEW VEAL, hereinafter “Veal”, by their attorneys answer the complaint as follows:
1. Answering the allegations contained in Paragraph 1, these answering Defendants
deny each and every allegation contained in said Paragraph.
2. Answering the allegations contained in Paragraphs 2, these answering Defendants deny
that Veal was or is the Chairman of the Board of Hangover.
3. Answering the allegations contained in Paragraphs 3, these answering Defendants
deny that KBM was an investor and deny that KBM was well known to plaintiffs.
Defendants lacks sufficient information and belief upon which to answer remaining
allegations.
4. Answering the allegations contained in Paragraph 4, these answering Defendants
denies each and every allegation contained in said Paragraph.
Case 2:15-cv-07254-SJF-GRB Document 14 Filed 01/26/16 Page 1 of 18 PageID #: 39
5. Answering the allegations contained in Paragraph 5, these answering Defendants
denies each and every allegation contained in said Paragraph.
6. Answering the allegations contained in Paragraphs 8, these answering Defendants
lacks sufficient information and belief upon which to answer in which district plaintiff
maintains its principal place of business and denies remaining allegations.
7. Answering the allegations contained in Paragraph 7, these answering Defendants
denies each and every allegation contained in said Paragraph.
8. Answering the allegations contained in Paragraphs 8, these answering Defendants
lacks sufficient information and belief upon which to answer said allegations.
9. Answering the allegations contained in Paragraph 9, these answering Defendants
denies that they have a place of business in Colorado.
10. Answering the allegations contained in Paragraph 10, these answering Defendants admit
the allegation in paragraph 10 of the complaint.
11. Answering the allegations contained in Paragraph 11, these answering Defendants
denies each and every allegation contained in said Paragraph.
12. Answering the allegations contained in Paragraph 12, these answering Defendants
denies each and every allegation contained in said Paragraph.
Case 2:15-cv-07254-SJF-GRB Document 14 Filed 01/26/16 Page 2 of 18 PageID #: 40
13. Answering defendants repeats and reiterates each and every response contained in
paragraph 1-12 of the Complaint with the same force and effect as if fully set forth
herein.
14. Answering the allegations in paragraph 14, the answering defendants deny that the note
was issued pursuant to a purchase agreement.
15. Answering the allegations contained in Paragraph 10, these answering Defendants admit
the allegation in paragraph 15 of the complaint.
16. Answering the allegations contained in Paragraph 16, these answering Defendants
denies each and every allegation contained in said Paragraph.
17. Answering the allegations contained in Paragraph 17, these answering Defendants
denies each and every allegation contained in said Paragraph.
18. Answering the allegations contained in Paragraph 19, these answering Defendants
deny each and every allegation contained in said Paragraph.
19. Answering the allegations contained in Paragraph 19, these answering Defendants
deny each and every allegation contained in said Paragraph.
20. Answering defendants repeat and reiterate each and every response contained in
paragraph 19 of the Complaint with the same force and effect as if fully set forth
herein.
Case 2:15-cv-07254-SJF-GRB Document 14 Filed 01/26/16 Page 3 of 18 PageID #: 41
21. Answering the allegations contained in Paragraphs 21, these answering Defendants
lack sufficient information and belief upon which to answer said allegations.
22. Answering the allegations contained in Paragraphs 22, these answering Defendants
lack sufficient information and belief upon which to answer said allegations.
23. Answering the allegations contained in Paragraph 23, these answering Defendants
denies each and every allegation contained in said Paragraph.
24. Answering defendants repeat and reiterate each and every response contained in
paragraph 1-23 of the Complaint with the same force and effect as if fully set forth
herein.
25. Answering the allegations contained in Paragraph 25, these answering Defendants
denies each and every allegation contained in said Paragraph.
26. Answering the allegations contained in Paragraph 26, these answering Defendants
denies each and every allegation contained in said Paragraph.
27. Answering the allegations contained in Paragraph 27, these answering Defendants
deny each and every allegation contained in said Paragraph.
28. Answering the allegations contained in Paragraph 28, these answering Defendants
denies each and every allegation contained in said Paragraph.
Case 2:15-cv-07254-SJF-GRB Document 14 Filed 01/26/16 Page 4 of 18 PageID #: 42
29. Answering the allegations contained in Paragraph 29, these answering Defendants
deny each and every allegation contained in said Paragraph.
30. Answering the allegations contained in Paragraph 30, these answering Defendants
deny each and every allegation contained in said Paragraph.
31. Answering the allegations contained in Paragraph 31, these answering Defendants
deny each and every allegation contained in said Paragraph.
32. Answering the allegations contained in Paragraph 32, these answering Defendants
deny each and every allegation contained in said Paragraph.
33. Answering Defendants repeat and reiterate each and every response contained in
paragraph 1-32 of the Complaint with the same force and effect as if fully set forth
herein.
34. Answering the allegations in paragraph 34, these answering Defendants deny each and
every allegation contained in said Paragraph.
35. Answering the allegations contained in Paragraph 35, these answering Defendants
deny each and every allegation contained in said Paragraph.
36. Answering defendants repeat and reiterate each and every response contained in
paragraph 1-35 of the Complaint with the same force and effect as if fully set forth
herein.
Case 2:15-cv-07254-SJF-GRB Document 14 Filed 01/26/16 Page 5 of 18 PageID #: 43
37. Answering the allegations contained in Paragraph 37, these answering Defendants
deny each and every allegation contained in said Paragraph.
38. Answering the allegations contained in Paragraph 38, these answering Defendants
deny each and every allegation contained in said Paragraph.
39. Answering the allegations contained in Paragraph 39, these answering Defendants
deny each and every allegation contained in said Paragraph.
40. Answering the allegations contained in Paragraph 40, these answering Defendants
deny each and every allegation contained in said Paragraph.
41. Answering defendants repeat and reiterate each and every response contained in
paragraph 1-35 of the Complaint with the same force and effect as if fully set forth
herein.
42. Answering the allegations contained in Paragraph 42, these answering Defendants
deny each and every allegation contained in said Paragraph.
43. Answering the allegations contained in Paragraph 43, these answering Defendants
deny each and every allegation contained in said Paragraph.
44. Answering the allegations contained in Paragraphs 44, these answering Defendants
lack sufficient information and belief upon which to answer said allegations.
45. Answering the allegations contained in Paragraphs 45, these answering Defendants
Case 2:15-cv-07254-SJF-GRB Document 14 Filed 01/26/16 Page 6 of 18 PageID #: 44
lack sufficient information and belief upon which to answer said allegations.
46. Answering the allegations contained in Paragraph 46, these answering Defendants
deny each and every allegation contained in said Paragraph.
47. Answering the allegations contained in Paragraphs 47, these answering Defendants
lack sufficient information and belief upon which to answer said allegations.
48. Answering the allegations contained in Paragraphs 48, these answering Defendants
lack sufficient information and belief upon which to answer said allegations.
49. Answering the allegations contained in Paragraphs 49, these answering Defendants
lack sufficient information and belief upon which to answer said allegations.
50. Answering the allegations contained in Paragraphs 50, these answering Defendants
lack sufficient information and belief upon which to answer said allegations.
51. Answering the allegations contained in Paragraph 51, these answering Defendants
deny each and every allegation contained in said Paragraph.
52. Answering the allegations contained in Paragraph 52, these answering Defendants
deny each and every allegation contained in said Paragraph.
53. Answering the allegations contained in Paragraph 53, these answering Defendants
deny each and every allegation contained in said Paragraph.
Case 2:15-cv-07254-SJF-GRB Document 14 Filed 01/26/16 Page 7 of 18 PageID #: 45
54. Answering defendants repeat and reiterate each and every response contained in
paragraph 1-53 of the Complaint with the same force and effect as if fully set forth
herein.
55. Answering the allegations contained in Paragraph 55, these answering Defendants
deny each and every allegation contained in said Paragraph.
56. Answering the allegations contained in Paragraph 56, these answering Defendants
deny each and every allegation contained in said Paragraph.
57. Answering the allegations contained in Paragraph 57, these answering Defendants
deny each and every allegation contained in said Paragraph.
58. Answering the allegations contained in Paragraph 58, these answering Defendants
deny each and every allegation contained in said Paragraph.
59. Answering defendants repeat and reiterate each and every response contained in
paragraph 1-58 of the Complaint with the same force and effect as if fully set forth
herein.
60. Answering the allegations contained in Paragraph 60, these answering Defendants
deny each and every allegation contained in said Paragraph.
61. Answering the allegations contained in Paragraph 61, these answering Defendants
Case 2:15-cv-07254-SJF-GRB Document 14 Filed 01/26/16 Page 8 of 18 PageID #: 46
deny each and every allegation contained in said Paragraph.
62. Answering the allegations contained in Paragraph 62, these answering Defendants
deny each and every allegation contained in said Paragraph.
63. Answering the allegations contained in Paragraph 63, these answering Defendants
deny each and every allegation contained in said Paragraph.
FIRST AFFIRMATIVE DEFENSE
64. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to lack of subject-matter jurisdiction;
SECOND AFFIRMATIVE DEFENSE
65. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to lack of personal jurisdiction;
THIRD AFFIRMATIVE DEFENSE
66. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to improper venue;
FOURTH AFFIRMATIVE DEFENSE
67. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
Case 2:15-cv-07254-SJF-GRB Document 14 Filed 01/26/16 Page 9 of 18 PageID #: 47
complaint due to insufficient process;
FIFTH AFFIRMATIVE DEFENSE
68. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to insufficient service of process;
SIXTH AFFIRMATIVE DEFENSE
69. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to failure to state a claim upon which relief can be granted; and
SEVENTH AFFIRMATIVE DEFENSE
70. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to failure to join a party under Rule 19.
EIGHTH AFFIRMATIVE DEFENSE
71. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to Illegality including:
A)usury
B)10(b)5 market manipulation; manipulative and deceptive practices
NINTH AFFIRMATIVE DEFENSE
72. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to lack of standing
Case 2:15-cv-07254-SJF-GRB Document 14 Filed 01/26/16 Page 10 of 18 PageID #: 48
TENTH AFFIRMATIVE DEFENSE
73. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to the unconscionable terms of the contract.
ELEVENTH AFFIRMATIVE DEFENSE
74. Plaintiff is barred in whole or in part from prosecuting the claims set forth in the
complaint due to usury.
TWELFTH AFFIRMATIVE DEFENSE
75. Plaintiff is barred in whole or in part from prosecuting the claims set forth in the
complaint due to duress.
THIRTEENTH AFFIRMATIVE DEFENSE
76. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to Doctrine of unclean hands.
FOURTEENTH AFFIRMATIVE DEFENSE
77. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to failure of consideration.
FIFTEENTH AFFIRMATIVE DEFENSE
78. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
Case 2:15-cv-07254-SJF-GRB Document 14 Filed 01/26/16 Page 11 of 18 PageID #: 49
complaint due to fraud;
SIXTEENTH AFFIRMATIVE DEFENSE
79. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to laches;
SEVENTEENTH AFFIRMATIVE DEFENSE
80. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to license, or lack thereof;
EIGHTEENTH AFFIRMATIVE DEFENSE
81. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the complaint
due to payment;
NINETEENTH AFFIRMATIVE DEFENSE
82. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to the statute of frauds;
TWENTIETH AFFIRMATIVE DEFENSE
83. Plaintiff is barred in whole or in part form prosecuting the claims set forth in the
complaint due to waiver.
Case 2:15-cv-07254-SJF-GRB Document 14 Filed 01/26/16 Page 12 of 18 PageID #: 50
1
