Case 1:16-cv-00654-CMH-TCB Document 37 Filed 02/24/17 Page 1 of 7 PageID# 255

IN THE
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

_____________________________________
)
JOHN BOAL PHOTOGRAPHY, LLC )
)
v. ) Case No. 1:16cv654 CMH/TCB
)
HANNOVER HOUSE, INC. )
_____________________________________)

DEFENDANT HANNOVER HOUSE, INC.S

ANSWER TO FIRST AMENDED COMPLAINT
AND AFFIRMATIVE DEFENSES

Defendant Hannover House, Inc. hereby Answers the First Amended Complaint, asserts

its Affirmative Defenses, and states its Claim for Attorneys Fees.

PARTIES

1. Defendant lacks sufficient information or belief to enable it to answer the

allegations of paragraph 1, and on that basis denies each and every allegation of paragraph 1.

2. Defendant lacks sufficient information or belief to enable it to answer the

allegations of paragraph 2, and on that basis denies each and every allegation of paragraph 2.

3. Defendant lacks sufficient information or belief to enable it to answer the

allegations of paragraph 3, and on that basis denies each and every allegation of paragraph 3.

4. Defendant lacks sufficient information or belief to enable it to answer the

allegations of paragraph 4, and on that basis denies each and every allegation of paragraph 4.
Case 1:16-cv-00654-CMH-TCB Document 37 Filed 02/24/17 Page 2 of 7 PageID# 256

5. Defendant admits the allegations in the first sentence of Paragraph 5, denies the

allegation in the second sentence, denies the allegations in the third sentence up to the comma,

and admits the remaining allegations on this paragraph.

JURISDICTON AND VENUE

6. The allegations in this paragraph are legal conclusions that do not require an

answer.

7. Defendant admits that this Court has subject matter jurisdiction.

8. Defendant admits that this Court has personal jurisdiction over Hannover House,

Inc. by virtue of Hannover House appearing in this matter and not contesting personal

jurisdiction.

9. Defendants does not contest venue in this Court.

FACTUAL ALLEGATIONS

10. Defendant admits Exhibit 1 and admits the allegations in the first sentence of this

paragraph. Defendant admits that the parties reached an agreement, but denies the allegation

regarding the terms of the agreement, and denies the remaining allegations of paragraph 10.

11. Defendant admits the allegations of paragraph 11.

12. Defendant admits the allegations of paragraph 12, except that Defendant denies

the allegations after the second comma in the first sentence. Defendant admits that it published

the photographs on its blog.

______________________________________________

DEFENDANT HANNOVER HOUSE, INC.S ANSWER

TO FIRST AMENDED COMPLAINT
and AFFIRMATIVE DEFENSES
Page 2 of 7
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13. Defendant admits Exhibit 4, but denies the remain allegations of paragraph 13.

14. Defendant admits Exhibit 5 and admits that payment had not been made as of the

time of the email exchange. Defendant denies the remaining allegations of paragraph 14.

15. Defendant admits Exhibit 6, but denies the remaining allegations of paragraph 15.

16. Defendant is without information to either admit or deny the allegations of this

paragraph, and therefore Defendant denies the allegations in paragraph 16.

17. Defendant admits Exhibit 7, but denies the remaining allegations of paragraph 17.

18. Defendant admits Exhibit 8, but denies the remaining allegations of paragraph 18.

19. Defendant admits the allegations of paragraph 19.

20. Defendant admits Exhibit 10, but denies the remaining allegations of paragraph 20.

21. Paragraph 21 recites procedural events in this litigation; the allegations are not

factual allegations relating to the claims, and therefore no response to the paragraph is required.

22. Paragraph 22 recites procedural events in this litigation; the allegations are not

factual allegations relating to the claims, and therefore no response to the paragraph is required.

23. Paragraph 23 recites procedural events in this litigation; the allegations are not

factual allegations relating to the claims, and therefore no response to the paragraph is required.

24. Paragraph 24 recites procedural events in this litigation; the allegations are not

factual allegations relating to the claims, and therefore no response to the paragraph is required.

25. Paragraph 25 recites procedural events in this litigation; the allegations are not

factual allegations relating to the claims, and therefore no response to the paragraph is required

______________________________________________

DEFENDANT HANNOVER HOUSE, INC.S ANSWER

TO FIRST AMENDED COMPLAINT
and AFFIRMATIVE DEFENSES
Page 3 of 7
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26. Defendant admits that it delivered a check drawn on the Escrow Account of the

law firm representing Defendant, and that amount of the check equaled the amount of Plaintiffs

Count 1 claim plus 6% interest. Defendant denies the remaining allegations of paragraph 26.

27. Defendant admits the allegations of paragraph 27.

COUNT 1

28. Defendant herby incorporates its responses set forth in paragraphs 1 through 27,

above as though fully set forth herein.

29. Defendant admits the allegations in the first sentence of paragraph 29, and admits

the allegations in parts (1) and (2) of the second sentence of paragraph 29. Defendant denies the

remaining allegations of paragraph 29.

30. Defendant admits the allegations of paragraph 30 up the second comma of the first

sentence, and denies the remaining allegations of the first sentence. Defendant admits the

allegations in the second sentence of paragraph 30.

31. Defendant admits the allegations of paragraph 31.

32. Defendant admits the allegations of paragraph 32, but denies the allegations

regarding a due date.

33. Defendant admits Exhibit 6, but denies the remaining allegations of paragraph 33.

34. Defendant admits that it did not make payment of the $1000 due Plaintiff until

January 2017. Defendant denies the remaining allegations of paragraph 34.

______________________________________________

DEFENDANT HANNOVER HOUSE, INC.S ANSWER

TO FIRST AMENDED COMPLAINT
and AFFIRMATIVE DEFENSES
Page 4 of 7
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35. Defendant admits Plaintiff would be entitled to damages of one thousand dollars.

Defendant has paid Plaintiff this sum plus interest. Except as admitted, Defendant denies the

remaining allegations of paragraph 35.

COUNT I.A

36. Defendant herby incorporates its responses set forth in paragraphs 1 through 35,

above as though fully set forth herein.

37. No answer is required to this paragraph.

38. Defendant denies the allegations of paragraph 38.

39. Defendant denies the allegations of paragraph 39.

40. Defendant denies the allegations of paragraph 40.

41. Defendant denies the allegations of paragraph 41.

42. Defendant denies the allegations of paragraph 42.

COUNT II

43. Defendant herby incorporates its responses set forth in paragraphs 1 through 42,

above as though fully set forth herein.

44. Defendant denies each and every allegation of paragraph 44 and specifically denies

that Plaintiff owns or is entitled to a copyright of the photographs, and alleges that Plaintiff has

infringed on Defendants copyright.

45. Defendant denies each and every allegation of paragraph 45.

______________________________________________

DEFENDANT HANNOVER HOUSE, INC.S ANSWER

TO FIRST AMENDED COMPLAINT
and AFFIRMATIVE DEFENSES
Page 5 of 7
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46. Defendant denies each and every allegation of paragraph 46.

47. Defendant denies each and every allegation of paragraph 47.

AFFIRMATIVE DEFENSES

1. Counts I and I.A. are barred by satisfaction and accord.

2. The photographs in question are works-for-hire, and the copyrights associated with

the works are the property of Defendant.

3. Plaintiff is not the holder of the copyrights, and therefore cannot bring suit for

Copyright Infringement.

4. The assignment of copyrights requires a written agreement; there is no such written

agreement, and therefore the claimed assignment is insufficient to support Plaintiffs claims.

5. Defendant has from Plaintiff a license, either express or implied, to use the

photographs at issue, and therefore there is no actionable infringement.

DEFENDANT HANNOVER HOUSE, INC.S

CLAIM FOR ATTORNEY FEES

Defendant is entitled to its reasonable attorneys fees pursuant to 17 U.S.C. 505 incurred

in the defense of the Count II claims.

Respectfully submitted,

HANNOVER HOUSE, INC.

By Counsel

______________________________________________

DEFENDANT HANNOVER HOUSE, INC.S ANSWER

TO FIRST AMENDED COMPLAINT
and AFFIRMATIVE DEFENSES
Page 6 of 7
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____/ss/ James S. Kurz___________

James S. Kurz (VSB #16610)
Daniel D. Mauler (VSB #73190)
REDMON PEYTON & BRASWELL LLP
510 King Street, Suite 301
Alexandria, VA 22314
Ph: (703) 684-2000 ext. 2012
FAX: (703) 684-5109
JKurz@RPB-law.com

CERTIFICATE OF ELECTRONIC SERVICE

I hereby certify that on February 24, 2017, I served the foregoing Answer and Affirmative

Defenses by electronic filing (ECF) upon the following counsel of record:

Christina Sirois (VSB No. 84454)

Dan Backer (VSB No. 78256)
DB Capital Strategies, PLLC
203 South Union street, Suite 300
Alexandria, VA 22314T

____/ss/ James S. Kurz____________

James S. Kurz (VSB #16610)

______________________________________________

DEFENDANT HANNOVER HOUSE, INC.S ANSWER

TO FIRST AMENDED COMPLAINT
and AFFIRMATIVE DEFENSES
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