Mary Anne Q. Wood #3539Darryl J. Lee #4955500 Eagle Gate Tower 60 East South TempleSalt Lake City, Utah 84111Telephone (801) 366-6060
Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF UTAH, CENTRAL DIVISION
RADER, FISHMAN & GRAUER, PLLCPlaintiff,v.1-800 CONTACTS, INC.,Defendant.))))))))))
ANSWER AND AFFIRMATIVE DEFENSES TO COUNTERCLAIM
Civil No. 2:10-cv-191Judge Ted StewartPlaintiff Rader Fishman & Grauer, PLLC (“RFG”), by and through its counsel,files herewith its Answer and Affirmative Defenses to the Counterclaim asserted by Defendantand Counterclaimant 1-800 Contacts, Inc. (“1-800"), as follows:
FIRST AFFIRMATIVE DEFENSE
Counterclaimant’s Counterclaim fails to state claims upon which relief may begranted.
SECOND AFFIRMATIVE DEFENSE
RFG responds to each paragraph of the Counterclaim, by paragraph number asdelineated in the Counterclaim, as follows:1.As Counterclaimant has admitted such in its response to RFG’sComplaint, and on that basis, RFG admits the allegations of Paragraph 1.
Case 2:10-cv-00191-TS-DN Document 22 Filed 04/19/2010 Page 1 of 5