Case 2:11-cv-03454-CAS -VBK Document 6 STEWART KELLAR (SBN 267747) stewart@etrny.

com E-ttorney at Law™ 35 Stillman Street, Suite 210 San Francisco, California 94107 Telephone: (415) 742-2303 Attorney for Defendant Anthony Uy

Filed 06/03/11 Page 1 of 3 Page ID #:23

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

IO GROUP, INC. d/b/a TITAN MEDIA, a California corporation, Plaintiff, v. ANTHONY UY, an individual, Defendant.

Case No. 2:11-cv-03454-CAS-VBK ANSWER OF DEFENDANT ANTHONY UY JURY TRIAL DEMANDED

Now Comes Defendant Anthony Uy (“Mr. Uy”), by and through counsel, and files this Answer to the original Complaint filed by Plaintiff IO Group, INC. (“IO Group”) as follows:

1. Defendant denies each and every allegation of Paragraph 1 of the complaint. 2. Defendant is without knowledge or information sufficient to admit or deny the facts contained in Paragraph 2 of the complaint. 3. Defendant denies each and every allegation of Paragraph 3 of the complaint with the exception that Defendant admits he is a resident of Torrance, California. 4. Defendant admits the allegations of Paragraph 4 of the complaint.
ANSWER (No. 2:11-cv-03454-CAS-VBK)

Case 2:11-cv-03454-CAS -VBK Document 6

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5. Defendant denies each and every allegation of Paragraph 5 of the complaint with the exception that Defendant admits he resides in California. 6. Defendant denies each and every allegation in paragraph 6 of the complaint with the exception that Defendant admits that Venue is proper pursuant to 28 U.S.C. § 1400(a). 7. Defendant is without knowledge or information sufficient to admit or deny the facts contained in Paragraph 7 of the complaint with the exception that Defendant denies the allegations contained in the last sentence of Paragraph 7. 8. Defendant is without knowledge or information sufficient to admit or deny the facts contained in Paragraph 8 of the complaint. 9. Defendant is without knowledge or information sufficient to admit or deny the facts contained in Paragraph 9 of the complaint. 10. Defendant is without knowledge or information sufficient to admit or deny the facts contained in Paragraph 10 of the complaint. 11. Defendant denies each and every allegation of paragraph 11 of the complaint with the exception that Defendant is without knowledge or information sufficient to admit or deny the allegation that Plaintiff has at all times been the producer and owner of the audiovisual work Toolbox. 12. Defendant is without knowledge or information sufficient to admit or deny the facts contained in Paragraph 12 of the complaint. 13. Defendant denies each and every allegation of paragraph 13 of the complaint. 14. Defendant denies each and every allegation of paragraph 14 of the complaint. JURY DEMAND 15. Pursuant to Rule 28 of the Federal Rules of Civil Procedure, Defendant demands a trial by jury of all issues properly triable by a jury in this action. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE. The complaint fails to state a claim for which relief can be granted. -2ANSWER (No. 2:11-cv-03454-CAS-VBK)

Case 2:11-cv-03454-CAS -VBK Document 6

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SECOND AFFIRMATIVE DEFENSE. The Plaintiff has engaged in unclean hands.
PRAYER

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Therefore, Defendant respectfully requests relief as follows: 4

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1. That the Court enter judgment in favor

of Defendant that he has not infringed

Plaintiffs copyright or otherwise injured Plaintiff.
2. That Plaintiff take nothing as a

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result of its complaint.

3· That the Court award Defendant attorneys fees and costs incurred in defending

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this action pursuant to 17 U.S.C. § 505. 9

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4· That the Court grant Defendant such other and additional relief as is just and proper.

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Dated: June 3, 2011.

By,/Af~
Stewart Kellar Attorneys for Defendant Anthony Uy

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ANSWER (No. 2:1l-CV-03454-CAS-VBK)