ANSWER AND AFFIRMATIVE DEFENSES

UNITED STATES DISTRICT

SOUTHERN DISTRICT OF OHIO, EASTERN DIVISION

 

ROOT INC. et al.,   Plaintiffs,   v. SILVER, et. al.,   Defendants.

Case No.: 2:23-cv-00512     ANSWER AND AFFIRMATIVE DEFENSES

 

 

COMES NOW Defendant, PAIGE MCDANIEL and answers the Verified First Amended Complaint for Damages and Injunctive Relief filed by Plaintiffs as follows:

INTRODUCTION

1. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 1 of the Complaint.
2. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 2 of the Complaint, and therefore denies the same. Defendant further asserts that she never participated in any scheme which involved Root Inc, or Quantasy & Associates LLC.
3. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 3 of the Complaint, and therefore denies the same. Defendant further asserts that she did not have knowledge of B.C. Silver’s fraudulent activities before or after his employment with Root.
4. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 4 of the Complaint, and therefore denies the same. Defendant further asserts that she never received any funds, wire and/or monies from Root or Quantasy.
5. Defendant lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 5 of the Complaint.
6. Defendant denies that Plaintiffs are entitled to any damage and/or relief for any alleged claim against Defendant.

JURISDICTION AND VENUE

7. Defendant denies that this Court has jurisdiction as alleged by the Plaintiffs.
8. Defendant denies that this Court has jurisdiction as alleged by the Plaintiffs.
9. Defendant denies that this Court has jurisdiction as alleged by the Plaintiffs.
10. Defendant denies that venue is proper in this District.

PARTIES

11. Defendant lack knowledge or information sufficient to form a belief as to the truth or falsity of the contents in paragraph 11.
12. Defendant lack knowledge or information sufficient to form a belief as to the truth or falsity of the contents in paragraph 12.
13. Defendant lack knowledge or information sufficient to form a belief as to the truth or falsity of the contents in paragraph 13.
14. Defendant lack knowledge or information sufficient to form a belief as to the truth or falsity of the contents in paragraph 14.
15. Defendant admits the contents in paragraph 15.
16. Defendant lack knowledge or information sufficient to form a belief as to the truth or falsity of the contents in paragraph 16.
17. Defendant lack knowledge or information sufficient to form a belief as to the truth or falsity of the contents in paragraph 17.
18. Defendant lack knowledge or information sufficient to form a belief as to the truth or falsity of the contents in paragraph 18.
19. Defendant lack knowledge or information sufficient to form a belief as to the truth or falsity of the contents in paragraph 19.

FACTS COMMON TO ALL CLAIMS

1. Root hires Silver as Chief Marketing Officer
2. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 20.
3. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 21.
4. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 22.
5. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 23.
6. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 24.
7. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 25.

 

 

1. Silver Hires Quantasy to Funnel Root’s Payments into His Own Company, Collateral Damage.
2. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 26.
3. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 27.
4. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 28.
5. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 29.
6. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 30.
7. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 31.
8. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 32.
9. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 33.
10. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 34.
11. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 35.
12. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 36.
13. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 37.
14. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 38.
15. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 39.
16. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 40.
17. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 41.
18. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 42.
19. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 43.
20. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 44.
21. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 45.
22. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 46.
23. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 47.
24. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 48.
25. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 49.
26. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 50.
27. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 51.
28. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 52.
29. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 53.
30. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 54.
31. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 55.
32. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 56.
33. Silver and Campbell Continue To Defraud Root.
34. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 57.
35. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 58.
36. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 59.
37. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 60.
38. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 61.
39. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 62.
40. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 63.
41. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 64.
42. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 65.
43. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 66.
44. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 67.
45. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 68.
46. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 69.
47. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 70.
48. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 71.
49. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 72.
50. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 73.
51. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 74.
52. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 75.
53. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 76.
54. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 77.
55. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 78.
56. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 79.
57. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 80.
58. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 81.
59. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 82.
60. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 83.
61. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 84.
62. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 85.
63. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 86.
64. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 87.
65. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 88.
66. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 89.
67. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 90.
68. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 91.
69. Silver and Campbell Attempt to Further Cover Up Their Fraud
70. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 92.
71. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 93.
72. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 94.
73. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 95.
74. Defendant denies the allegations in paragraph 96 to the extent that they associate Defendant with Collateral Damage (CA). Defendant asserts that she was never involved or affiliated with the Collateral Damage (CA) that Silver established in California.
75. Defendant lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 97.
76. Defendant lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 98.
77. Defendant lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 99.
78. Defendant lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 100.
79. Defendant lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 101.
80. Defendant lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 102.
81. Defendant lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 103.
82. Defendant lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 104.
83. Silver Committed Fraudulent Schemes Against Root with Other Marketing Vendors
84. Defendant lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 105.

COUNT I: 18 U.S.C. § 1962(c) Civil RICO

(Racketeer Influenced Corrupt Organizations) Against All Defendants

106. Defendant incorporates her responses to each and every allegation contained above with the same force and effect as if fully set forth herein.
107. Defendant denies the allegations in paragraph 107 in its entirety.
108. Defendant deny the allegations in paragraph 108 in its entirety.
109. Defendant denies the allegations in paragraph 109 in its entirety.
110. Defendant lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 110.
111. Defendant lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 111.
112. Defendant lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 112.
113. Defendant lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 113.
114. Defendant lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 114.
115. Defendant lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 115.
116. Defendant denies the allegations in paragraph 116 in its entirety.
117. Defendant denies the allegations in paragraph 117 in its entirety.

COUNT II: Fraudulent Concealment

Against Silver, Campbell, and Quantasy

118. Defendant incorporate their responses to each and every allegation contained above with the same force and effect as if fully set forth herein.
119. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 119.
120. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 120.
121. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 121.
122. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 122.
123. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 123.

COUNT III: Fraudulent Misrepresentation

Against Silver, Campbell, and Quantasy

124. Defendant incorporate their responses to each and every allegation contained above with the same force and effect as if fully set forth herein.
125. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 125.
126. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 126.
127. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 127.
128. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 128.
129. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 129.
130. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 130.
131. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 131.
132. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 132.
133. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 133.

 

 

COUNT IV: Conversion

Against All Defendants

134. Defendant incorporate their responses to each and every allegation contained above with the same force and effect as if fully set forth herein.
135. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 135.
136. Defendant denies the contents of paragraph 136 in its entirety.
137. Defendant denies the contents of paragraph 137 in its entirety.
138. Defendant denies the contents of paragraph 138 in its entirety.
139. Defendant denies the contents of paragraph 139 in its entirety.

COUNT V: O.R.C. 2307.60, 2307.61 Civil Action for Criminal Theft

Against All Defendants

140. Defendant incorporate their responses to each and every allegation contained above with the same force and effect as if fully set forth herein.
141. Defendant denies the allegations in paragraph 141 in its entirety.
142. Defendant denies the allegations in paragraph 142 in its entirety.
143. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 143.
144. Defendant denies the allegations in paragraph 144 in its entirety.
145. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 145.
146. Defendant denies the allegations in paragraph 146 in its entirety.

 

 

COUNT VI: O.R.C. 2913.05 Civil Action for Criminal Act of Telecommunications Fraud

Against Silver, Campbell, Quantasy, and Collateral Damage

147. Defendant incorporate their responses to each and every allegation contained above with the same force and effect as if fully set forth herein.
148. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 148.
149. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 149.
150. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 150.
151. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 151.

COUNT VII: Breach of Contract Against Silver

152. Defendant incorporate their responses to each and every allegation contained above with the same force and effect as if fully set forth herein.
153. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 153.
154. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 154.
155. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 155.
156. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 156.
157. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 157.

COUNT VIII: Breach of Contract Against Quantasy

158. Defendant incorporate their responses to each and every allegation contained above with the same force and effect as if fully set forth herein.
159. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 159.
160. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 160.
161. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 161.
162. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 162.
163. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 163.

COUNT IX: Breach of Fiduciary Duty Against Silver

164. Defendant incorporate their responses to each and every allegation contained above with the same force and effect as if fully set forth herein.
165. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 165.
166. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 166.
167. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 167.
168. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 168.
169. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 169.
170. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 170.

COUNT X: Civil Cons piracy

Against All Defendants

171. Defendant incorporate their responses to each and every allegation contained above with the same force and effect as if fully set forth herein.
172. Defendant denies the allegations in paragraph 172 in its entirety.
173. Defendant denies the allegations in paragraph 173 in its entirety.
174. Defendant denies the allegations in paragraph 174 in its entirety.

PRAYER FOR RELIEF

1. Defendant denies that Plaintiffs are entitled to any relief requested in Section (a) of their prayer for relief.
2. Defendant denies that Plaintiffs are entitled to any relief requested in Section (b) of their prayer for relief.
3. Defendant denies that Plaintiffs are entitled to any relief requested in Section (c) of their prayer for relief.
4. Defendant denies that Plaintiffs are entitled to any relief requested in Section (d) of their prayer for relief.
5. Defendant denies that Plaintiffs are entitled to any relief requested in Section (e) of their prayer for relief.
6. Defendant denies that Plaintiffs are entitled to any relief requested in Section (f) of their prayer for relief.
7. Defendant denies that Plaintiffs are entitled to any relief requested in Section (g) of their prayer for relief.

FURTHER ANSWER AND AFFIRMATIVE DEFENSES

By way of further Answer and as affirmative defenses, Defendant denies that she is liable to Plaintiffs on any of the claims alleged and deny that Plaintiffs are entitled to any damages or to any relief whatsoever, and states as follows:

1. Plaintiff never participated in any scheme which involved Root Inc, or Quantasy & Associates LLC.
2. Plaintiff did not have knowledge of B.C. Silver’s fraudulent activities before or after his employment with Root.
3. Plaintiff never received any funds, wire and/or monies from Root or Quantasy.
4. Plaintiff never received any financial or monetary gain from the purchase of luxury real estate at 13105 Biscayne Island Terrace Miami, Florida and/or 9125 North Bayshore Drive Miami, Florida and/or 2543 Walnut Avenue Venice California 90291 purchased by Silver.
5. Plaintiff never attempted to conceal Silver’s affiliation by forming an LLC with the Georgia Secretary State.
6. Plaintiff did not know any of Root’s policies, procedures or practices when subcontracting or submitting work.
7. Plaintiff never entered any private agreements to defraud Root.
8. Plaintiff had no knowledge of Eclipse Home Design.
9. Plaintiff had no knowledge of B.C. Silver purchasing luxury properties. She only knew of the California residence as his personal home and he mentioned purchasing a property in Miami for pleasure and short-term rental.
10. Collateral Damage (GA) did not receive any funds from Root or Quantasy.
11. Plaintiff never received any funds on about June or July 2022 when Root’s FInance department became aware of the excessive and unauthorized spending.
12. Plaintiff never stole money and never committed a theft offense under Ohio law. Plaintiff and/or Collateral Damage [GA] have never been to the state of Ohio and had no contact or business dealings with Root. Plaintiff exerted no control over the funds and never received any funds from Root or Quantasy. Plaintiff did not take any steps to induce and actively conceal a scheme from Plaintiffs.
13. Plaintiff had no knowledge of Silver’s involvement and scheme to use Root’s monies and/or funds.
14. Plaintiff and/or Collateral Damage [GA] did not present any document to defraud Root. Any document presented to Quantasy was advised by Silver would be updated and resubmitted for corrections by Quantasy for subcontracting agreement.
15. Plaintiff and/or Collateral Damage [GA] never maliciously and purposefully conspired to cause the Plaintiff injury. Plaintiff never agreed to defraud Root of funds through a series of false transactions. Further, Plaintiff never attempted to hide Silver’s affiliation with Collateral Damage to obtain funds from Root.
16. Plaintiff believed SIlver to have the power and/or capacity to gather a team or subcontract work with vendors.
17. The Grind24 team (Paige McDaniel, Eli Hiler & Cyntoria Williams) completed work and submitted a presentation deck to Silver to give to Quantasy as part of the supposed sub-contracted work.
18. The presentation deck was emailed to Quantasy, William Campbell and another person and Silver.
19. Any monies received during the Silver’s tenure at Root that were sent to Collateral Damage [GA] was for work completed at Grind24.
20. Plaintiff worked for Silver at Grind24 Feb 2022-Feb 2023 participated in the Marketing Department reported to the CEO (Cyntoria WIlliams). Also worked with COO Eli Hiler in Customer Support.

FIRST AFFIRMATIVE DEFENSE

(Failure to State a Claim)

1. The Complaint, on one or more counts set forth therein, fails to state a claim upon which relief can be granted.

SECOND AFFIRMATIVE DEFENSE

 (No Causation)

2. Plaintiffs’ claims against Defendant are barred because Plaintiffs’ damages, if any, were not caused by Defendant.

THIRD AFFIRMATIVE DEFENSE

(No Damage)

3. Without admitting that the Complaint states a claim, there has been no damage in any amount, manner or at all by reason of any act alleged against Defendant in the Complaint, and the relief prayed for in the Complaint therefore cannot be granted.

FOURTH AFFIRMATIVE DEFENSE

(Failure to Mitigate)

4. The claims made in the Complaint are barred, in whole or in part, because of a failure to mitigate damages, if such damages exist.

FIFTH AFFIRMATIVE DEFENSE

(Duplicative Claims)

5. Without admitting that the Complaint states a claim, any remedies are limited to the extent that there is sought an overlapping or duplicative recovery pursuant to the various claims for any alleged single wrong.

SIXTH AFFIRMATIVE DEFENSE

(Actions of Other.3s)

6. The claims made in the Complaint are barred, in whole or in part, because Defendant are not liable for the acts of others over whom they have no control.

ADDITIONAL DEFENSES

7. Defendant reserve the right to assert additional defenses based on information learned or obtained during discovery.

WHEREFORE, Defendant pray for judgment as follows:

1. That Plaintiffs takes nothing by way of their Complaint against this answering Defendant;
2. That the Complaint and each and every purported claim for relief therein, be dismissed with prejudice.
3. That Defendant be awarded their costs of suit incurred herein, and
4. For such other and further relief as the Court deems just and proper.

Respectfully submitted:

Dated: __________

 

_________________________

PAIGE MCDANIEL

 

 

 

CERTIFICATE OF SERVICE

 

I hereby certify that a true and correct copy of the foregoing document was sent on the [ENTER DATE] by regular U.S. mail postage prepaid, to the following parties or attorneys of record:

 

William D. Kloss, Jr. (0040854), Trial Attorney

Elizabeth S. Alexander (0096401)

Grace E. Saalman (0101603)

VORYS, SATER, SEYMOUR AND PEASE LLP

52 East Gay Street, P.O. Box 1008

Columbus, Ohio 43216-1008

Phone: (614) 464-6360 Fax: (614) 719-4807

wdklossjr@vorys.com

esalexander@vorys.com

gesaalman@vorys.com

Counsel for Plaintiffs

 

Collateral Damage, LLC

Registered Agent LEGALZOOM.COM, Inc.

101 N Brand Blvd., 11th Floor

 

Matthew D. Ridings (0079402)

THOMPSON HINE LLP

127 Public Square, 3900 Key Center

Glendale, CA 91203 Cleveland, Ohio 44114

 

Eclipse Home Design, LLC

Registered Agent United States

Corporation Agents, Inc.

651 N. Broad St., Suite 201

Middletown, DE 19709

 

Paige McDaniel

5576 Alexanders Lake Rd.

Stockbridge, GA 30281

 

Brinson Caleb Silver

1550 Michigan Avenue, Apt. 3

Miami Beach, FL 33139

brinsons il ver@gmail.com

hello@bc-silver.com

Telephone: 216.566.5561

Facsimile: 216.566.5800

Matt.Ridings@ThompsonHine.com

 

and

 

 

Jamar T. King (0091093)

THOMPSON HINE LLP

10050 Innovation Drive, Suite 400

Miamisburg, OH 45342

Telephone: 937.443.6852

Facsimile: 937.443 .6635

J amar.King@ThompsonHine.com

Counsel for Quantasy & Associates,

LLC and William Campbell

 

 

Dated this ____ day of _______, 2023.

 

Respectfully submitted,

 

 

 

Signature

______________________________

PAIGE MCDANIEL

 

 

 

 

 

 

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