Answer and Affirmative Defenses of Com Inc.

Case 1:10-cv-00897-RJL Document 36 Filed 08/02/10 Page 1 of 12
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
)
DANIEL PARISI, )
WHITEHOUSE.COM INC., )
WHITEHOUSE NETWORK LLC, )
WHITE HOUSE COMMUNICATIONS INC., ) Civil Action
) No. 1:10-cv-00897 RJL
)
Plaintiffs )
v. )
)
JEFFREY RENSE, )
LAWRENCE W. SINCLAIR a/k/a Larry Sinclair, )
BARNES & NOBLE, INC., )
BARNESANDNOBLE.COM LLC, )
AMAZON.COM, INC., )
BOOKS-A-MILLION, INC., and )
SINCLAIR PUBLISHING, INC., )
)
Defendants. )
)
ANSWER AND AFFIRMATIVE DEFENSES OF AMAZON.COM, INC.
Defendant AMAZON.COM, INC. ( Amazon.com ), through its attorneys, K&L
Gates LLP, answers the Complaint of Plaintiffs Daniel Parisi, Whitehouse.com Inc.,
Whitehouse Network LLC, and White House Communications Inc. (collectively Parisi )
by admitting, denying and alleging as follows:
1 through 8. Answering Paragraphs 1 through 8, Amazon.com is without
sufficient knowledge to answer the allegations contained in Paragraphs 1 through 8 of the
Complaint, which shall have the effect of a denial.
9. Answering Paragraph 9, this paragraph contains no factual allegations
requiring a responsive pleading.
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10. Answering Paragraph 10, Amazon.com admits that it is a Delaware
corporation, with is principal place of business in Seattle, Washington.
11 and 12. Answering Paragraphs 11 and 12, Amazon.com is without sufficient
knowledge to answer the allegations contained in Paragraphs 11 and 12 of the Complaint,
which shall have the effect of a denial.
JURISDICTION AND VENUE
sufficient knowledge to answer the allegations contained in Paragraphs 13 through 15 of
the Complaint, which shall have the effect of a denial.
BACKGROUND
34. Answering Paragraph 34, Amazon.com admits that Sinclair s book (as that
book is defined in paragraph 31 of the Complaint) has been available for sale through the
Amazon.com website. With respect to the rest of the allegations in Paragraph 34,
Amazon.com is without sufficient knowledge to answer the allegations contained in
Paragraph 34 of the Complaint, which shall have the effect of a denial.
35. Answering Paragraph 35, Amazon.com admits that its website has contained
text labeled Product Description, a portion of which is quoted in Paragraph 35 of the
complaint. Amazon.com denies that this was its Product Description , and denies that it
made any false or defamatory statements regarding the plaintiffs. With respect to any
remaining allegations in Paragraph 35 of the Complaint, Amazon.com is without
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sufficient knowledge to answer the allegations contained in Paragraph 35 of the
Complaint, which shall have the effect of a denial.
36. Answering Paragraph 36, Amazon.com admits that a Kindle edition of
Sinclair s book has been available for sale through the Amazon.com website, and that the
website has contained text labeled Product Description , a portion of which is quoted in
Paragraph 36 of the Complaint. Amazon.com denies that this was its Product
Description , and denies that it made any false or defamatory statements regarding the
Plaintiffs. Amazon.com admits that it utilizes Digital Publication Distribution
Agreements with authors, and that such an agreement was accepted by Sinclair
Publishing, Inc., the complete text and terms of which speak for themselves. With
respect to any remaining allegations in Paragraph 36, Amazon.com is without sufficient
knowledge to answer the allegations contained in Paragraph 36 of the Complaint, which
shall have the effect of a denial.
37. Answering Paragraph 37, Amazon.com admits that the websites
www.amazon.co.uk, www.amazon.co.ca, www.amazon.co.jp, www.amazon.co.fr, and
www.amazon.co.de sell books. Amazon.com denies that it sells books on these websites.
Amazon.com cannot determine what is meant by the vague reference similar books ,
and is therefore without sufficient knowledge to answer that allegation, which shall have
the effect of a denial. With respect to any remaining allegations in Paragraph 37 of the
Complaint, Amazon.com is without sufficient knowledge to answer the allegations,
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45. Answering Paragraph 45, to the extent these allegations pertain to
Amazon.com, Amazon.com denies the same. With respect to any remaining allegations
in Paragraph 45 of the Complaint, Amazon.com is without sufficient knowledge to
answer the allegations, which shall have the effect of a denial.
48. Answering Paragraph 48, Amazon.com is without sufficient knowledge to
answer the allegations contained in Paragraphs 48 of the Complaint, which shall have the
effect of a denial.
answer the allegations contained in Paragraph 49 of the Complaint, which shall have the
effect of a denial.
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effect of a denial.
effect of a denial.
52. Answering Paragraph 52, this paragraph contains no factual allegations
requiring a responsive pleading.
53. Answering Paragraph 53, this paragraph contains only legal conclusions. To
the extent this paragraph contains any factual allegations, Amazon.com denies the same.
COUNT I
(Libel Per Se / Libel)
54. Answering Paragraph 54, Amazon.com reincorporates its admissions, denials
and allegations as set forth in paragraphs 1 through 53.
56 and 57. Answering Paragraphs 56 and 57, Amazon.com is without sufficient
knowledge to answer the allegations contained in Paragraphs 56 and 57 of the Complaint,
58 and 59. Answering Paragraphs 58 and 59, to the extent these allegations
pertain to Amazon.com, Amazon.com denies the same. With respect to any remaining
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allegations in Paragraphs 58-59 of the Complaint, Amazon.com is without sufficient
knowledge to answer the allegations, which shall have the effect of a denial.
effect of a denial.
61. Answering Paragraph 61, Amazon.com admits that the referenced book was
offered for sale. Amazon.com is without sufficient knowledge to answer the remaining
allegations contained in Paragraph 61 of the Complaint, which shall have the effect of a
denial.
effect of a denial.
64. Answering Paragraph 64, Amazon.com denies the same.
COUNT II
(False Light Invasion/Misappropriation of Privacy)
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effect of a denial.
67 and 68. Answering Paragraphs 67 and 68, to the extent these allegations
pertain to Amazon.com, Amazon.com denies the same. With respect to any remaining
allegations in Paragraphs 67-68 of the Complaint, Amazon.com is without sufficient
knowledge to answer the allegations, which shall have the effect of a denial.
effect of a denial.
COUNT III
(Business Disparagement)
71 through 73. Answering Paragraphs 71 through 73, to the extent these
allegations pertain to Amazon.com, Amazon.com denies the same. With respect to any
remaining allegations in Paragraphs 71-73 of the Complaint, Amazon.com is without
sufficient knowledge to answer the allegations, which shall have the effect of a denial.
effect of a denial.
75 and 76. Answering Paragraphs 75 and 76, Amazon.com denies the same.
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COUNT IV
(Tortious Interference with Economic Advantage)
effect of a denial.
79 through 82. Answering Paragraphs 79 through 82, to the extent these
COUNT V
(Civil Conspiracy)
84 through 86. Answering Paragraph 84 through 86, to the extent these
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AFFIRMATIVE DEFENSES
Without assuming the burden of proof as to any affirmative defense, which
burden Amazon.com expressly disclaims, Amazon.com states as affirmative defenses the
following:
1. Failure to State a Claim. Parisi has failed to state a claim for which relief
can be granted.
2. Insufficiency of Service of Process. Parisi s claims are barred by the
insufficiency of service of process.
3. Privileges. Parisi s claims are barred by one or more privileges.
4. Immunities. Parisi s claims are barred by immunities, including the
immunity granted under the Communications Decency Act of 1996, 47 U.S.C. § 230.
5. Truth. Parisi s claims are barred to the extent that the allegedly
defamatory statements are true.
6. Constitutional Bar. Parisi s claims are barred by the provisions of the
Constitution of the United States.
7. Failure to Mitigate Damages. Parisi s damages, if any, are reduced or
barred by his failure to mitigate damages.
8. Contributory Fault/Negligence. To the extent that Parisi s claims are or
may be recognized under negligence principles, they are barred by his own contributory
fault or negligence.
9. Assumption of Risk. Parisi s claims are barred by his assumption of risk.
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10. Conduct of Third Parties. Parisi s claims were caused by the conduct of
one or more third parties not under the control of Amazon.com.
11. Waiver, Laches and Estoppel. Parisi s claims are barred by his own
conduct, including acts constituting waiver, laches and/or estoppel.
12. Statute of Limitations. Parisi s claims are barred by applicable statutes of
limitations.
13. Lack of Fault. Parisi s claims for actual, presumed and/or punitive
damages are reduced or barred by the lack of requisite fault of Amazon.com.
14. Parasitic Torts Bar. Parisi s claims for all non-defamation torts are barred
for one or more of the reasons alleged herein that protect the statements from alleged
claims of defamation.
15. Protected Opinion. Parisi s claims are barred to the extent that the
allegedly defamatory statements are protected statements of opinion.
16. Additional Affirmative Defenses and Contribution or Indemnity Rights
Reserved. Amazon.com reserves the right to assert additional affirmative defenses based
upon information supplied by Parisi and/or any other party as its investigation continues,
and reserves the right to assert claims for indemnity or contribution as warranted.
REQUEST FOR RELIEF
WHEREFORE, Amazon.com prays for the following relief:
1. Parisi s Complaint be dismissed with prejudice;
2. Amazon.com be awarded its reasonable attorneys fees and expenses
under all applicable statutes, court rules and recognized grounds of equity;
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3. Amazon.com be awarded such other and further relief as the Court may
deem just and equitable.
DATED this 2nd day of August, 2010.
Respectfully Submitted,
/s/ John Longstreth_

John Longstreth, # 367047
Jenée Desmond-Harris, #982624
K&L GATES, LLP
1601 K St. NW
Washington, DC 20006-1600
Ph: 202.661.6271
Fax: 202.778.9100
/s/ Matthew J. Segal

Stephen A. Smith
Mathew J. Segal
Kari L. Vander Stoep
(all admitted pro hac vice)
K&L GATES, LLP
925 Fourth Avenue, Suite 2900
Seattle, Washington 98104-1158
Ph: 206.370.7800
Fax: 206.370.6177
Attorneys for Defendant,

AMAZON.COM, INC.
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Answer of
Amazon.com, Inc. was served this 2nd day of August, 2010 via the Court s Electronic
Case Filing ( ECF ) system. I understand that notice of this filing will be sent to all
parties by operation of the Court s ECF system.
__/s/ John Longstreth_____

John Longstreth
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Case 1:10-cv-00897-RJL Document 36 Filed 08/02/10 Page 1 of 12

IN THE UNITED STATES DISTRICT COURT

ANSWER AND AFFIRMATIVE DEFENSES OF AMAZON.COM, INC.

Defendant AMAZON.COM, INC. ( Amazon.com ), through its attorneys, K&L

by admitting, denying and alleging as follows:

1 through 8. Answering Paragraphs 1 through 8, Amazon.com is without

sufficient knowledge to answer the allegations contained in Paragraphs 1 through 8 of the

Complaint, which shall have the effect of a denial.

9. Answering Paragraph 9, this paragraph contains no factual allegations

requiring a responsive pleading.

10. Answering Paragraph 10, Amazon.com admits that it is a Delaware

corporation, with is principal place of business in Seattle, Washington.

11 and 12. Answering Paragraphs 11 and 12, Amazon.com is without sufficient

knowledge to answer the allegations contained in Paragraphs 11 and 12 of the Complaint,

which shall have the effect of a denial.

JURISDICTION AND VENUE

13 through 15. Answering Paragraphs 13 through 15, Amazon.com is without

sufficient knowledge to answer the allegations contained in Paragraphs 13 through 15 of

the Complaint, which shall have the effect of a denial.

16 through 33. Answering Paragraphs 16 through 33, Amazon.com is without

sufficient knowledge to answer the allegations contained in Paragraphs 16 through 33 of

the Complaint, which shall have the effect of a denial.

Amazon.com is without sufficient knowledge to answer the allegations contained in

Paragraph 34 of the Complaint, which shall have the effect of a denial.

text labeled Product Description, a portion of which is quoted in Paragraph 35 of the

remaining allegations in Paragraph 35 of the Complaint, Amazon.com is without

sufficient knowledge to answer the allegations contained in Paragraph 35 of the

Complaint, which shall have the effect of a denial.

36. Answering Paragraph 36, Amazon.com admits that a Kindle edition of

Plaintiffs. Amazon.com admits that it utilizes Digital Publication Distribution

respect to any remaining allegations in Paragraph 36, Amazon.com is without sufficient

knowledge to answer the allegations contained in Paragraph 36 of the Complaint, which

shall have the effect of a denial.

37. Answering Paragraph 37, Amazon.com admits that the websites

www.amazon.co.uk, www.amazon.co.ca, www.amazon.co.jp, www.amazon.co.fr, and

Complaint, Amazon.com is without sufficient knowledge to answer the allegations,

which shall have the effect of a denial.

38 through 44. Answering Paragraphs 38 through 44, Amazon.com is without

sufficient knowledge to answer the allegations contained in Paragraphs 38 through 44 of

the Complaint, which shall have the effect of a denial.

45. Answering Paragraph 45, to the extent these allegations pertain to

in Paragraph 45 of the Complaint, Amazon.com is without sufficient knowledge to

answer the allegations, which shall have the effect of a denial.

46. Answering Paragraph 46, to the extent these allegations pertain to

in Paragraph 46 of the Complaint, Amazon.com is without sufficient knowledge to

answer the allegations, which shall have the effect of a denial.

47. Answering Paragraph 47, to the extent these allegations pertain to

in Paragraph 47 of the Complaint, Amazon.com is without sufficient knowledge to

answer the allegations, which shall have the effect of a denial.

48. Answering Paragraph 48, Amazon.com is without sufficient knowledge to

49. Answering Paragraph 49, Amazon.com is without sufficient knowledge to

50. Answering Paragraph 50, Amazon.com is without sufficient knowledge to

51. Answering Paragraph 51, Amazon.com is without sufficient knowledge to

52. Answering Paragraph 52, this paragraph contains no factual allegations

requiring a responsive pleading.

(Libel Per Se / Libel)

54. Answering Paragraph 54, Amazon.com reincorporates its admissions, denials

and allegations as set forth in paragraphs 1 through 53.

55. Answering Paragraph 55, to the extent these allegations pertain to

in Paragraph 55 of the Complaint, Amazon.com is without sufficient knowledge to

answer the allegations, which shall have the effect of a denial.

56 and 57. Answering Paragraphs 56 and 57, Amazon.com is without sufficient

/s/ John Longstreth___