Case :-cv-00-apg-pal Document Filed 0// Page of 0 Ryan W. Mitchem (TN #0) Michael K. Alston (TN #0) Kathryn Ann Reilly (CO #) HUSCH BLACKWELL LLP Georgia Avenue, Suite 00 Chattanooga, Tennessee 0 Telephone: () - Patricia Lee (NV #) Joseph R. Ganley (NV #) Telia U. Williams (NV #) HUTCHISON & STEFFEN Peccole Professional Park 00 West Alta Drive, Suite 00 Las Vegas, Nevada Telephone: (0) -00 Facsimile: (0) -0 Attorneys for Defendant LeadPile LLC IN THE UNITED STATES DISTRICT COURT DISTRICT OF NEVADA FLEMMING KRISTENSEN, individually, ) Case No. :-CV-00-APG (PAL) and on behalf of a class of similarly ) situated individuals, ) Plaintiff, ) v. ) ) CREDIT PAYMENT SERVICES, INC., ) a Nevada corporation, f/k/a ) DEFENDANT LEADPILE LLC S MYCASHNOW.COM INC., ENOVA ) ANSWER TO PLAINTIFF S FIRST INTERNATIONAL, INC., an Illinois ) AMENDED CLASS ACTION corporation, PIONEER FINANCIAL ) COMPLAINT SERVICES, INC., a Missouri corporation, ) LEADPILE LLC, a Delaware limited ) Judge: Hon. Andrew P. Gordon liability company, and CLICKMEDIA, LLC ) d/b/a NETPROMOTIONS LLC, a ) Magistrate: Hon. Peggy A. Leen Georgia limited liability company, ) Defendants. )
Case :-cv-00-apg-pal Document Filed 0// Page of 0 Defendant LeadPile LLC, by and through its counsel, for its Answer to Plaintiff s First Amended Class Action Complaint (the Amended Complaint ), states as follows: FIRST DEFENSE. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph the Amended Complaint. LeadPile also lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in footnote on page of the Amended Complaint.. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint.. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint.. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint.. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint.. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint.. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint.. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint.. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint.
Case :-cv-00-apg-pal Document Filed 0// Page of 0. LeadPile denies the allegations contained in Paragraph of the Amended in Paragraph of the Amended Complaint.. LeadPile denies the allegations contained in Paragraph of the Amended in Paragraph of the Amended Complaint.. LeadPile admits that Plaintiff purports to bring this action as a class action under the Telephone Consumer Protection Act ( TCPA ) to redress alleged injuries. LeadPile avers that the TCPA speaks for itself and denies any allegations contained in Paragraph of the Amended Complaint which are inconsistent with the TCPA. LeadPile denies the remaining allegations contained in Paragraph of the Amended Complaint.. LeadPile admits that Plaintiff purports to bring this action as a class action and seeks certain relief in this action. LeadPile denies the remaining allegations contained in Paragraph of the Amended Complaint.. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint.. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint.. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint.. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint.
Case :-cv-00-apg-pal Document Filed 0// Page of 0. LeadPile admits that its principal place of business is in Arizona. LeadPile admits that it has business dealings with the other Defendants. LeadPile admits that it conducts business in the lead generation industry. LeadPile denies the remaining allegations contained in Paragraph of the Amended Complaint.. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint. 0. LeadPile admits the allegations contained in Paragraph 0 of the Amended Complaint.. LeadPile admits that it does business throughout the United States, including in this District. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the remaining allegations contained in Paragraph of the Amended Complaint.. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint.. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint.. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint.. LeadPile admits the allegations contained in the first sentence of Paragraph of the Amended Complaint. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the remaining allegations contained in Paragraph of the Amended Complaint.. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint.
Case :-cv-00-apg-pal Document Filed 0// Page of 0. LeadPile denies the allegations contained in Paragraph of the Amended in Paragraph of the Amended Complaint.. LeadPile admits that, at various times, it has contracted with CPS, Enova and Pioneer to provide leads for their respective businesses. LeadPile lacks knowledge or in Paragraph of the Amended Complaint.. LeadPile admits that, at various times, it has contracted with CPS, Enova and Pioneer to provide leads for their respective businesses. LeadPile lacks knowledge or in Paragraph of the Amended Complaint. 0. LeadPile admits that, at various times, it has contracted with certain companies, including ClickMedia, as part of LeadPile s effort to provide leads for LeadPile s customers including, but not limited to, CPS, Enova and Pioneer.. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint.. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint.. LeadPile denies the allegations contained in Paragraph of the Amended in Paragraph of the Amended Complaint.
Case :-cv-00-apg-pal Document Filed 0// Page of 0. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint.. LeadPile denies the allegations contained in Paragraph of the Amended in Paragraph of the Amended Complaint.. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint. LeadPile also lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in footnote on page of the Amended Complaint.. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in the first sentence of Paragraph of the Amended Complaint. LeadPile denies the remaining allegations contained in Paragraph of the Amended Complaint as stated.. LeadPile denies the allegations contained in Paragraph of the Amended in Paragraph of the Amended Complaint.. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint. 0. LeadPile admits that Plaintiff purports to bring an action pursuant to Rule (b)() and Rule (b)() of the Federal Rules of Civil Procedure on behalf of himself and a class. LeadPile lacks knowledge or information sufficient to form a belief about the truth of the remaining allegations contained in Paragraph 0 of the Amended Complaint.
Case :-cv-00-apg-pal Document Filed 0// Page of 0. LeadPile avers that the allegations contained in Paragraph of the Amended Complaint call for a legal conclusion to which LeadPile is not required to respond. To the extent it must respond, LeadPile denies the allegations contained in Paragraph of the Amended Complaint to the extent that they are directed against LeadPile. Further, LeadPile lacks knowledge or information sufficient to form a belief about the truth of the remaining allegations contained in Paragraph of the Amended Complaint.. LeadPile avers that the allegations contained in Paragraph of the Amended Complaint call for a legal conclusion to which LeadPile is not required to respond. To the extent it must respond, LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint.. LeadPile avers that the allegations contained in Paragraph of the Amended Complaint call for a legal conclusion to which LeadPile is not required to respond. To the extent it must respond, LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint.. LeadPile avers that the allegations contained in Paragraph of the Amended Complaint call for a legal conclusion to which LeadPile is not required to respond. To the extent it must respond, LeadPile denies the allegations contained in Paragraph of the Amended Complaint to the extent that they are directed against LeadPile. Further, LeadPile lacks knowledge or information sufficient to form a belief about the truth of the remaining allegations contained in Paragraph of the Amended Complaint.. LeadPile avers that the allegations contained in Paragraph of the Amended Complaint call for a legal conclusion to which LeadPile is not required to respond. To the extent it must respond, LeadPile denies the allegations contained in Paragraph of the Amended Complaint to the extent that they are directed against LeadPile. Further, LeadPile
Case :-cv-00-apg-pal Document Filed 0// Page of 0 lacks knowledge or information sufficient to form a belief about the truth of the remaining allegations contained in Paragraph of the Amended Complaint.. LeadPile avers that the allegations contained in Paragraph m of the Amended Complaint call for a legal conclusion to which LeadPile is not required to respond. To the extent it must respond, LeadPile lacks knowledge or information sufficient to form a belief about the truth of the allegations contained in Paragraph of the Amended Complaint.. LeadPile incorporates herein its answers to Paragraphs - as if fully set forth herein.. LeadPile denies the allegations contained in Paragraph of the Amended in Paragraph of the Amended Complaint.. LeadPile denies the allegations contained in Paragraph of the Amended in Paragraph of the Amended Complaint. 0. LeadPile denies the allegations contained in Paragraph 0 of the Amended in Paragraph 0 of the Amended Complaint.. LeadPile denies the allegations contained in Paragraph of the Amended in Paragraph of the Amended Complaint.
Case :-cv-00-apg-pal Document Filed 0// Page of 0. LeadPile denies that Plaintiff or any member of the purported class is entitled to any of the relief requested in the WHEREFORE clause of the Amended Complaint. SECOND DEFENSE Plaintiff fails to state a claim upon which relief can be granted. THIRD DEFENSE Plaintiff has failed to mitigate his damages, if any. FOURTH DEFENSE Plaintiff s damages, if any, were not caused by LeadPile, but by another person or entity, including Plaintiff, for whom LeadPile is not responsible and over whom LeadPile exercises no control. FIFTH DEFENSE Plaintiff s claims are barred by the doctrines of unclean hands, ratification, collateral estoppel, or waiver. SIXTH DEFENSE Plaintiff s claims are barred by his consent to receiving the text message of which he complains. SEVENTH DEFENSE Plaintiff s claims are barred because the imposition of statutory damages under the TCPA would violate the Due Process provisions of the United States Constitution. EIGHTH DEFENSE Plaintiff s claims may be barred because the party who may have sent a text message to Plaintiff did not use an automatic telephone dialing system as defined under the TCPA. NINTH DEFENSE Plaintiff claims are barred by the applicable statute of limitations.
Case :-cv-00-apg-pal Document Filed 0// Page of 0 TENTH DEFENSE Plaintiff has failed to join necessary parties including, but not limited to, AC Referral, James Gee, 0 Data Management and Mike Ferry. ELEVENTH DEFENSE Plaintiff s claims are subject to arbitration. TWELFTH DEFENSE Plaintiff s claim cannot be awarded treble damages because LeadPile did not engage in knowing or willful misconduct. THIRTEENTH DEFENSE LeadPile did not send the alleged text messages and did not authorize, instruct, supervise or direct any individual or entity to send the alleged text messages and did not control the manner and means by which the alleged text message were sent. FOURTEENTH DEFENSE LeadPile expressly reserves the right to amend its Answer to assert such other and further defenses as may be appropriate. WHEREFORE, Defendant, LeadPile LLC, requests that this Court enter judgment in LeadPile s favor, dismiss Plaintiff s First Amended Class Action Complaint with prejudice, award LeadPile all costs and fees incurred herein, and grant such further relief as this Court deems just and proper.
Case :-cv-00-apg-pal Document Filed 0// Page of DATED: April, 0 Respectfully submitted, HUSCH BLACKWELL LLP 0 By: s/ryan W. Mitchem Ryan W. Mitchem (TN #0) Michael K. Alston (TN #0) Kathryn Ann Reilly (CO #) Georgia Avenue, Suite 00 Chattanooga, Tennessee 0 Patricia Lee (NV #) Joseph R. Ganley (NV #) Telia U. Williams (NV #) Peccole Professional Park 00 West Alta Drive, Suite 00 Las Vegas, Nevada Attorneys for Defendant LeadPile LLC
Case :-cv-00-apg-pal Document Filed 0// Page of CERTIFICATE OF SERVICE Pursuant to FRCP (b), I certify that on this th day of April, 0, I caused the above and foregoing document entitled DEFENDANT LEADPILE LLC S ANSWER TO PLAINTIFF S FIRST AMENDED CLASS COMPLAINT to be served as follows: [ ] by placing same to be deposited for mailing in the United States Mail, in a sealed envelope upon which first class postage was prepaid in Las Vegas, Nevada; and/or [ ] Pursuant to Fed. R. Civ. P. (b) and Section IV of District of Nevada Electronic Filing Procedures, to be served via electronic service; or [ X ] to be sent via e-mail; [ ] to be sent via facsimile; and/or [ ] to be hand-delivered to all attorneys of record according to the Court s CM/ECF system. s/ryan W. Mitchem Ryan W. Mitchem 0