CASE 0:14-cv-00365-MJD-LIB Document 31 Filed 01/26/15 Page 1 of 4

UNITED STATES DISTRICT COURT

DISTRICT OF MINNESOTA
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)
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Plaintiff,
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)
v.
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)
GOLDEN SHOVEL AGENCY, LLC, )
RONALD KRESHA, AND JOHN
)
DOES 1-20,
)
)
Defendants.
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)
)
MARY WHELAN,

Civil No. 14-365 (MJD/LIB)

PLAINTIFFS ANSWER TO
COUNTERCLAIM

Plaintiff Mary Whelan (Plaintiff or Whelan) for her Answer to the Counterclaim
of Defendant Golden Shovel Agency, LLC (Defendant or Golden Shovel) states and
alleges as follows:
COUNTERCLAIM
1.

Plaintiff admits the allegations of Paragraph 1 of the Counterclaim.

2.

Plaintiff admits the allegations of Paragraph 2 of the Counterclaim.

JURISDICTION AND VENUE

3.

Plaintiff admits only the parties to this litigation do not dispute venue is

appropriate in the United States District Court for the District of Minnesota and that they are
subject to personal jurisdiction in this Court. All other allegations in Paragraph 3 of the
Counterclaim contain conclusions of law to which no response is required. To the extent a
response is deemed required, Plaintiff denies the same.

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COUNTERCLAIM BREACH OF CONTRACT

4.

As to Paragraph 4, Plaintiff reasserts and realleges her response to each of the

preceding paragraphs as if set forth fully herein.

5.

Plaintiff denies the allegations of Paragraph 5 of the Counterclaim.

6.

Plaintiff denies the allegations of Paragraph 6 of the Counterclaim.

7.

Plaintiff denies the allegations of Paragraph 7 of the Counterclaim.

8.

Paragraph 8 of the Counterclaim contains conclusions of law to which no

response is required. To the extent a response is deemed required, Plaintiff denies the same.
9.

Paragraph 9 of the Counterclaim contains conclusions of law to which no

response is required. To the extent a response is deemed required, Plaintiff denies the same.
10.

Paragraph 10 of the Counterclaim contains conclusions of law to which no

response is required. To the extent a response is deemed required, Plaintiff denies the same.
11.

Paragraph 11 of the Counterclaim contains conclusions of law to which no

response is required. To the extent a response is deemed required, Plaintiff denies the same.
12.

Paragraph 12 of the Counterclaim contains conclusions of law to which no

response is required. To the extent a response is deemed required, Plaintiff denies the same.
DEMAND FOR JURY TRIAL
13.

Plaintiff admits the allegations of Paragraph 13 of the Counterclaim.

14.

Except as herein admitted or otherwise qualified, Plaintiff denies each and

every allegation in Defendants Counterclaim.

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AFFIRMATIVE DEFENSES
1.

Defendants Counterclaim fails to state a claim upon which relief may be

granted.
2.

Defendants Counterclaim is barred, in whole or in part, because Defendants

pleaded Counterclaim is indefinite.

3.

Defendants Counterclaim is barred by waiver, laches and/or estoppel.

4.

Defendants Counterclaim is barred, in whole or in part, by Defendants

unclean hands and fraudulent conduct.

5.

Defendants Counterclaim is barred by its acquiescence.

6.

Defendants Counterclaim is barred by accord and satisfaction.

7.

Defendants Counterclaim is barred by statute, including without limitation by

the statutes of limitation.

8.

Defendants Counterclaim is barred by failure of consideration.

9.

Defendants Counterclaim is barred by privilege and immunity.

10.

Defendants Counterclaim is barred by its own breach(es) of any contract.

11.

Defendants Counterclaim is barred by the doctrine of spoliation of evidence.

12.

If Defendant sustained any damages as a result of the conduct alleged in the

Counterclaim, such damages were caused or contributed to by Defendants own actions or

the actions of others over whom Plaintiff exercised no control.
13.

To the extent Defendants can prove any damages, Defendants failed to

mitigate their damages.

14.

Defendant has failed to mitigate its alleged damages.

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15.

Plaintiff is entitled to setoff, recoupment and/or deduction of Plaintiffs

damages from any damages of Defendant.

16.

Plaintiff reserves the right to further plead or answer as discovery occurs and

in compliance with any Court Scheduling Order and applicable rules. Plaintiff therefore
incorporate all affirmative defenses stated or contemplated by Fed. R. Civ. P. 8(c) as if fully
set forth herein.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff requests an order of the Court and judgment as follows:
A.

Dismissing Defendants Counterclaim with prejudice;

B.

That the Court adjudicate that Defendant is not entitled to any compensation;

C.

That Plaintiff recover from Defendant all of Plaintiffs attorney fees, expenses

and costs; and

D.

That Plaintiff receives such further relief as the Court deems proper and just.
DEMAND FOR JURY TRIAL

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff continues her
demand for a trial by jury on all the issues so triable.
Respectfully Submitted,
RIMAS LAW FIRM, PLLC
s/Vytas Rimas_____________
Vytas M. Rimas (182539)
18281 Minnetonka Blvd, Suite E
Minneapolis, MN 55391
952-476-4000 Office
800-208-6315 Fax
vytas@rimaslawfirm.com
Attorney for Plaintiff
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