Schramm et al v. Placo Toys Incorporated

Reply to Counterclaim

D.R.I.June 26, 2008

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND MICHAEL R. SCHRAMM and : LITTLE KIDS, INC. : Plaintiffs : : -V- : C.A. No. 08-131-S : PLACO TOYS INCORPORATED : Defendant : REPLY TO COUNTERCLAIMS Plaintiffs, Michael R. Schramm (“Schramm”) and Little Kids, Inc. (“Little Kids”) hereby reply to the Counterclaims of Defendant Placo Toys Incorporated (“Placo” or “Defendant”): FIRST DEFENSE Defendant’s counterclaims fail to state claims on which relief can be granted against either Plaintiff. SECOND DEFENSE In response to Defendant's preamble, Plaintiffs admit that Defendant purports to assert Counterclaims against Schramm and Little Kids. Plaintiffs are without knowledge or information sufficient to form a belief as to all other averments of the preamble. With respect to the averments in the numbered paragraphs of the Counterclaims, Schramm and Little Kids (“Plaintiffs”) reply as follows: REPLY 1. Plaintiffs admit the averments of paragraph 1. 2. Plaintiffs admit that Placo is organized under the laws of the State of California, and that Placo asserts that its principal place of business is in Commerce, California. Plaintiffs are Case 1:08-cv-00131-ML-DLM Document 11 Filed 06/26/2008 Page 1 of 3 2 without knowledge or information sufficient to form a belief as to the truth of the averment that Placo’s principal place of business is in Commerce, California. 3. Plaintiffs admit the averments of paragraph 3. 4. Plaintiffs admit the averments of paragraph 4. 5. Plaintiffs admit the averments of paragraph 5. 6. Plaintiffs repeat and incorporate by this reference their responses to paragraphs 1 -5. 7. Plaintiffs deny the averments of paragraph 7. 8. Plaintiffs repeat and incorporate by this reference their responses to paragraphs 1 – 7. 9. Plaintiffs deny the averments of paragraph 9. In response to Defendant's prayer for relief, Plaintiffs deny that Defendant is entitled to the prayed for, or any other, relief. PLAINTIFFS DEMAND A JURY TRIAL ON ALL ISSUES. MICHAEL R. SCHRAMM and LITTLE KIDS, INC. By their attorneys, /s/ Robert D. Fine _______________________________ Robert D. Fine, Esq. (#2447) Chace Ruttenberg & Freedman, LLP One Park Row, Suite 300 Providence, RI 02903 Phone: (401) 453-6400 E-mail: rfine@crfllp.com /s/ James J. Foster _______________________________ James J. Foster (pro hac vice) Wolf, Greenfield & Sacks, P.C. 600 Atlantic Avenue Boston, MA 02210 Phone: (617) 646-8225 Dated: June 26, 2008 E-mail: jfoster@wolfgreenfield.com Case 1:08-cv-00131-ML-DLM Document 11 Filed 06/26/2008 Page 2 of 3 3 CERTIFICATE OF SERVICE I hereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non-registered participants on June 26, 2008. /s/ Robert D. Fine Case 1:08-cv-00131-ML-DLM Document 11 Filed 06/26/2008 Page 3 of 3