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Case3:10-cv-03647-WHA

Document48

Stephen J. Thomas (Bar No. 120751)

Tim C. Lin (Bar No. 263885) THE THOMAS LAW GROUP

17800 Castleton Street, Suite 605 City of Industry, CA 91748 Telephone: (626) 771-1005

Facsimile: (626) 628-1905

Attorney for Plaintiff

Chun Rong Zheng

Filed07/12/11

Page1 of 13

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

IO GROUP INC., d/b/a TITAN MEDIA, a

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CASE NO. C 10-03647 WHA

California corporation,

)

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Honorable William Alsup

Plaintiff,

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v.

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DEFENDANT’S ANSWER TO THE

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COMPLAINT

MARIUSZ PRALAT, CAROL B. PEAL, YUNSHU KANG, CHUN RONG CHENG, ZHI NENG WU, RUBEN MORENO, HAO XU,

)

)

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CHIAFEN LIN, SANG YEOL KIM and MALGORZATA FRACZYK, individuals,

)

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Defendants.

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Defendant Chun Rong Zheng, through his counsel, Stephen J. Thomas, in answer to

plaintiff''s Complaint, admits, denies, or otherwise alleges as follows:

1. Defendant admits that IO Group, Inc. is a California corporation doing business as

Titan Media. Defendant denies the remaining allegations contained in Paragraph 1 of the First

Amended Complaint.

2. Defendant denies the allegations contained in Paragraph 2 of the First Amended

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Case3:10-cv-03647-WHA

Complaint.

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Filed07/12/11

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3. Defendant lacks information and belief sufficient to form a response to Paragraph

3 of the First Amended Complaint, and on that basis, denies the allegations contained in

Paragraph 3 of the First Amended Complaint.

4. Defendant denies the allegations contained in Paragraph 4 of the First Amended

Complaint.

5. Defendant admits the allegations contained in Paragraph 5 of the First Amended

Complaint.

6. Defendant denies the allegations contained in Paragraph 6 of the First Amended

Complaint.

7. Defendant denies the allegations contained in Paragraph 7 of the First Amended

Complaint.

8. Defendant denies the allegations contained in Paragraph 8 of the First Amended

Complaint.

9. Defendant denies the allegations contained in Paragraph 9 of the First Amended

Complaint.

10. Defendant denies the allegations contained in Paragraph 10 of the First Amended

Complaint.

11. Defendant admits the allegations contained in Paragraph 11 of the First Amended

Complaint.

12. Defendant denies the allegations contained in Paragraph 12 of the First Amended

Complaint.

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13. Defendant denies the allegations contained in Paragraph 13 of the First Amended

Complaint.

14. Defendant denies the allegations contained in Paragraph 14 of the First Amended

Complaint.

15. Defendant denies the allegations contained in Paragraph 15 of the First Amended

Complaint.

16. Defendant denies the allegations contained in Paragraph 16 of the First Amended

Complaint.

17. Defendant denies the allegations contained in Paragraph 17 of the First Amended

Complaint.

18. Defendant denies the allegations contained in Paragraph 18 of the First Amended

Complaint.

19. Defendant denies the allegations contained in Paragraph 19 of the First Amended

Complaint.

20. Defendant denies the allegations contained in Paragraph 20 of the First Amended

Complaint.

21. Defendant lacks information and belief sufficient to form a response to Paragraph

21 of the First Amended Complaint, and on that basis, denies the allegations contained in

Paragraph 21 of the First Amended Complaint.

22. Defendant lacks information and belief sufficient to form a response to Paragraph

22 of the First Amended Complaint, and on that basis, denies the allegations contained in

Paragraph 22 of the First Amended Complaint.

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23.

Complaint.

24.

Defendant denies the allegations contained in Paragraph 23 of the First Amended

Defendant lacks information and belief sufficient to form a response to Paragraph

24 of the First Amended Complaint, and on that basis, denies the allegations contained in

Paragraph 24 of the First Amended Complaint.

25. Defendant lacks information and belief sufficient to form a response to Paragraph

25 of the First Amended Complaint, and on that basis, denies the allegations contained in

Paragraph 25 of the First Amended Complaint.

26. Defendant lacks information and belief sufficient to form a response to Paragraph

26 of the First Amended Complaint, and on that basis, denies the allegations contained in

Paragraph 26 of the First Amended Complaint.

27. Defendant lacks information and belief sufficient to form a response to Paragraph

27 of the First Amended Complaint, and on that basis, denies the allegations contained in

Paragraph 27 of the First Amended Complaint.

28. Defendant lacks information and belief sufficient to form a response to Paragraph

28 of the First Amended Complaint, and on that basis, denies the allegations contained in

Paragraph 28 of the First Amended Complaint.

29. Defendant lacks information and belief sufficient to form a response to Paragraph

29 of the First Amended Complaint, and on that basis, denies the allegations contained in

Paragraph 29 of the First Amended Complaint.

30. Defendant denies the allegations contained in Paragraph 30 of the First Amended

Complaint.

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31. Defendant incorporates by reference paragraphs 1 through 30 of this Answer to

the Complaint as if fully set forth herein.

32.

Complaint.

33.

Defendant denies the allegations contained in Paragraph 32 of the First Amended

Defendant lacks information and belief sufficient to form a response to Paragraph

33 of the First Amended Complaint, and on that basis, denies the allegations contained in

Paragraph 33 of the First Amended Complaint.

34.

Complaint.

35.

Defendant denies the allegations contained in Paragraph 34 of the First Amended

Defendant lacks information and belief sufficient to form a response to Paragraph

35 of the First Amended Complaint, and on that basis, denies the allegations contained in

Paragraph 35 of the First Amended Complaint.

36. Defendant lacks information and belief sufficient to form a response to Paragraph

36 of the First Amended Complaint, and on that basis, denies the allegations contained in

Paragraph 36 of the First Amended Complaint.

37. Defendant denies the allegations contained in Paragraph 37 of the First Amended

Complaint.

38. Defendant lacks information and belief sufficient to form a response to Paragraph

38 of the First Amended Complaint, and on that basis, denies the allegations contained in

Paragraph 38 of the First Amended Complaint.

39. Defendant lacks information and belief sufficient to form a response to Paragraph

39 of the First Amended Complaint, and on that basis, denies the allegations contained in

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Paragraph 39 of the First Amended Complaint.

40. Defendant lacks information and belief sufficient to form a response to Paragraph

40 of the First Amended Complaint, and on that basis, denies the allegations contained in

Paragraph 40 of the First Amended Complaint.

41. Defendant lacks information and belief sufficient to form a response to Paragraph

41 of the First Amended Complaint, and on that basis, denies the allegations contained in

Paragraph 41 of the First Amended Complaint.

42. Defendant lacks information and belief sufficient to form a response to Paragraph

42 of the First Amended Complaint, and on that basis, denies the allegations contained in

Paragraph 42 of the First Amended Complaint.

43. Defendant lacks information and belief sufficient to form a response to Paragraph

43 of the First Amended Complaint, and on that basis, denies the allegations contained in

Paragraph 43 of the First Amended Complaint.

44. Defendant incorporates by reference paragraphs 1 through 43 of this Answer to

the Complaint as if fully set forth herein.

45. Defendant lacks information and belief sufficient to form a response to Paragraph

45 of the First Amended Complaint, and on that basis, denies the allegations contained in

Paragraph 45 of the First Amended Complaint.

46. Defendant lacks information and belief sufficient to form a response to Paragraph

46 of the First Amended Complaint, and on that basis, denies the allegations contained in

Paragraph 46 of the First Amended Complaint.

47. Defendant denies the allegations contained in Paragraph 47 of the First Amended

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Complaint.

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48. Defendant denies the allegations contained in Paragraph 48 of the First Amended

Complaint.

49. Defendant denies the allegations contained in Paragraph 49 of the First Amended

Complaint.

50. Defendant denies the allegations contained in Paragraph 50 of the First Amended

Complaint.

51. Defendant denies the allegations contained in Paragraph 51 of the First Amended

Complaint.

52. Defendant denies the allegations contained in Paragraph 52 of the First Amended

Complaint.

53. Defendant incorporates by reference paragraphs 1 through 53 of this Answer to

the Complaint as if fully set forth herein.

54. Defendant denies the allegations contained in Paragraph 54 of the First Amended

Complaint.

55. Defendant denies the allegations contained in Paragraph 55 of the First Amended

Complaint.

56. Defendant denies the allegations contained in Paragraph 56 of the First Amended

Complaint.

57. Defendant denies the allegations contained in Paragraph 57 of the First Amended

Complaint.

58. Defendant incorporates by reference paragraphs 1 through 57 of this Answer to

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Case3:10-cv-03647-WHA

Document48

the Complaint as if fully set forth herein.

Filed07/12/11

Page8 of 13

59. Defendant denies the allegations contained in Paragraph 59 of the First Amended

Complaint.

60. Defendant denies the allegations contained in Paragraph 60 of the First Amended

Complaint.

61. Defendant lacks information and belief sufficient to form a response to Paragraph

61 of the First Amended Complaint, and on that basis, denies the allegations contained in

Paragraph 61 of the First Amended Complaint.

62. Defendant lacks information and belief sufficient to form a response to Paragraph

62 of the First Amended Complaint, and on that basis, denies the allegations contained in

Paragraph 62 of the First Amended Complaint.

63. Defendant lacks information and belief sufficient to form a response to Paragraph

63 of the First Amended Complaint, and on that basis, denies the allegations contained in

Paragraph 63 of the First Amended Complaint.

64. Defendant lacks information and belief sufficient to form a response to Paragraph

64 of the First Amended Complaint, and on that basis, denies the allegations contained in

Paragraph 64 of the First Amended Complaint.

65. Defendant lacks information and belief sufficient to form a response to Paragraph

65 of the First Amended Complaint, and on that basis, denies the allegations contained in

Paragraph 65 of the First Amended Complaint.

66. Defendant denies the allegations contained in Paragraph 66 of the First Amended

Complaint.

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67. Defendant denies the allegations contained in Paragraph 67 of the First Amended

Complaint.

68. Defendant denies the allegations contained in Paragraph 68 of the First Amended

Complaint.

69. Defendant denies the allegations contained in Paragraph 69 of the First Amended

Complaint.

70. Defendant denies the allegations contained in Paragraph 70 of the First Amended

Complaint.

71. Defendant denies the allegations contained in Paragraph 71 of the First Amended

Complaint.

72. Defendant denies the allegations contained in Paragraph 72 of the First Amended

Complaint.

73. Defendant denies the allegations contained in Paragraph 73 of the First Amended

Complaint.

74. Defendant denies the allegations contained in Paragraph 74 of the First Amended

Complaint.

75. Defendant denies the allegations contained in Paragraph 75 of the First Amended

Complaint.

76. Defendant denies the allegations contained in Paragraph 76 of the First Amended

Complaint.

77. Defendant denies the allegations contained in Paragraph 77 of the First Amended

Complaint.

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78. Defendant denies the allegations contained in Paragraph 78 of the First Amended

Complaint.

79. Defendant denies the allegations contained in Paragraph 79 of the First Amended

Complaint.

80. Defendant denies the allegations contained in Paragraph 80 of the First Amended

Complaint.

81. Defendant incorporates by reference paragraphs 1 through 80 of this Answer to

the Complaint as if fully set forth herein.

82. Defendant denies the allegations contained in Paragraph 82 of the First Amended

Complaint.

83. Defendant denies the allegations contained in Paragraph 83 of the First Amended

Complaint.

84. Defendant denies the allegations contained in Paragraph 84 of the First Amended

Complaint.

85. Defendant denies the allegations contained in Paragraph 85 of the First Amended

Complaint.

86. Defendant denies the allegations contained in Paragraph 86 of the First Amended

Complaint.

87. Defendant denies the allegations contained in Paragraph 87 of the First Amended

Complaint.

88. Defendant denies the allegations contained in Paragraph 88 of the First Amended

Complaint.

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AFFIRMATIVE DEFENSES

FIRST AFFIRMATIVE DEFENSE

1. The Complaint and each and every purported cause of action contained therein

fails to state facts sufficient to constitute a cause of action against defendant.

SECOND AFFIRMATIVE DEFENSE

2. If plaintiff suffered any damages at all, such damages were proximately caused

and are therefore equitably born by plaintiff because it could have, but failed to, properly and

adequately mitigate incurring such damages.

THIRD AFFIRMATIVE DEFENSE

3. Plaintiff is equitably barred from recovery by the doctrine of unclean hands.

FOURTH AFFIRMATIVE DEFENSE

4. Defendant is exempt from prosecution pursuant to the Online Copyright

Infringement Liability Limitation Act.

PRAYER

WHEREFORE, defendant prays as follows:

1.

That plaintiff take nothing by reason of its complaint;

2.

That judgment be rendered in favor of defendant;

2.

That defendant be awarded his costs of suit incurred in defense of this action; and

3.

For such other relief as the Court deems proper.

//

//

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Dated: July 12, 2011

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Filed07/12/11

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Respectfully submitted,

THE THOMAS LAW GROUP

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/s/ Stephen J. Thomas

By:

Stephen J. Thomas Attorney for Plaintiff

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PROOF OF SERVICE

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STATE OF CALIFORNIA

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COUNTY OF LOS ANGELES

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Filed07/12/11

SS

Page13 of 13

x

The undersigned, an employee of THE THOMAS LAW GROUP, hereby on oath states

 

The undersigned attorney hereby certifies

that a copy of :

that a copy of the foregoing ANSWER as served upon the attorneys of record by depositing a

copy of same enclosed in an envelope addressed as follows:

D. Gill Sperlein Esq. LAW OFFICE OF D. GILL SPERLEIN 584 Castro Street, Suite 879 San Francisco, CA 94114

and:

X by depositing said envelope with first-class postage fully prepaid in the U.S. Mail

at City of Industry, California;

by causing same to be hand-delivered to the same address;

on July 12, 2011

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

Executed on July 12, 2011 at City of Industry, CA

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/s/ Stephen J. Thomas

Stephen J. Thomas