Case 1:10-cv-00997-JMS-TAB Document 19 Filed 10/28/10 Page 1 of 4 PageID #: 129

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ELECTRONICALLY FILED MASTERFILE CORPORATION ) ) Plaintiff ) ) vs. ) ) KEMP TITLE AGENCY, LLC ) ) ) Defendant ) ) ____________________________________)

CIVIL NO. 1:10CV0997-JMS-TAB

ANSWER TO COMPLAINT Comes the Defendant Kemp Title Agency, LLC, by counsel, and states as follows in response to the Complaint for damages and injunctive relief filed by the Plaintiff in the above matter: FIRST DEFENSE 1. The Defendant denies the averments contained in Paragraph 1 as to

liability and potential recovery for damages or injunctive relief. 2. In response to Paragraph 2 of Plaintiffs Complaint, the Defendant admits

that subject matter and personal jurisdiction are proper in this matter but denies liability or the potential recovery of damages or injunctive relief. 3. The Defendant denies the averments contained in Paragraph 3 of

Plaintiffs Complaint.

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4.

In response to Paragraph 4 of Plaintiffs Complaint, the Defendant is

without information sufficient to admit or deny and, accordingly, same are denied. 5. The Defendant admits the averments contained in Paragraph 5, 6, and 7 of

Plaintiffs Complaint. 6. In response to Paragraphs 8 through 15 of Plaintiffs Complaint, the

Defendant is without information sufficient to admit or deny and, accordingly, same are denied. 7. In response to Paragraph 16 of Plaintiffs Complaint, the Defendant

admits it received notification from Masterfile regarding claims of copyright infringement for certain images. The remainder of Paragraph 16 is denied. 8. The Defendant denies the averments contained in Paragraph 17 of

Plaintiffs Complaint. 9. The Defendant admits the averments contained in Paragraph 18 of

Plaintiffs Complaint. 10. In response to Paragraph 19 of Plaintiffs Complaint, the Defendant

incorporates its responses to Paragraph 1 through 18 of Plaintiffs Complaint as if fully restated herein. 11. The Defendant denies the averments contained in Paragraphs 20 through

24 of Plaintiffs Complaint. SECOND DEFENSE 12. granted. Plaintiffs Complaint fails to state a claim upon which relief may be

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THIRD DEFENSE 13. Plaintiffs Complaint is barred in whole or in part by the doctrines of

laches, estoppel, and/or waiver. FOURTH DEFENSE 14. Plaintiff has failed to demonstrate irreparable harm sufficient to support a

claim of relief for injunctive damages. FIFTH DEFENSE 15. Plaintiffs claims were caused in whole or in part by third parties not

named in this Complaint. SIXTH DEFENSE 16. The Defendant asserts as an affirmative defense that Plaintiffs damages

were caused in whole or in part by the following third party non-defendants: Interactivepoint d/b/a iPoint, Jason Brown, and Eric Caudy. SEVENTH DEFENSE 17. Defendant pleads as an affirmative defense that the photos referenced in

Plaintiffs Complaint were removed at the time of Notice and accordingly, requested damages are not appropriate. WHEREFORE, the Defendant having fully responded to Plaintiffs Complaint, the Defendant respectfully requests that: 1. 2. Plaintiffs Complaint be dismissed in its entirety; That the Defendant be awarded appropriate costs and fees associated with

the defense of this matter; and

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3. date see fit.

Any additional relief or entitlement that this Court may now or at a later

Respectfully submitted, s/Laurie Goetz Kemp Laurie Goetz Kemp (Attorney No. 19356-22A) Dinsmore & Shohl, LLP 101 South Fifth Street, Suite 2500 Louisville, Kentucky 40202 Telephone: (502) 581-8000 Facsimile: (502) 581-8111 E-Mail: Laurie.Kemp@dinslaw.com Attorney for the Defendant CERTIFICATE OF SERVICE I hereby certify that on October 28, 2010, a copy of the foregoing Answer To Complaint was filed electronically. Notice of this filing will be sent to the following parties by operation of the Courts electronic filing system. Parties may access this filing through the Courts system. Felicia J. Boyd Barnes & Thornburg 100 South Fifth Street, Suite 1100 Minneapolis, Minnesota 55401 Felicia.boyd@BTLaw.com Aaron M. Staser Barnes & Thornburg 11 South Meridian Street Indianapolis, Indiana 46204 Aaron.staser@BTLaw.com

s/Laurie Goetz Kemp Laurie Goetz Kemp (Attorney No. 19356-22A)

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