MID-DC-013368-16 04/24/2017 5:31:39 PM Pg 1 of 8 Trans ID: SCP2017847380

Philip A. Goldstein (NJ Bar No. 025732001)

John 0. Lukanski
McGUIREWOODS LLP
1345 Avenue of the Americas, 7th Floor
New York, New York 10105-0106
Tele: (212) 548-2167
pagoldstein@mcguirewoods.com

Attorneys for Defendant Capital One Bank (USA), NA.

SAMUEL RICHARDSON, JR., SUPERIOR COURT OF NEW JERSEY

LAW DIVISION, SPECIAL CIVIL PART
MIDDLESEX COUNTY
Plaintiff,
DOCKET NO. MID DC-013368-16
vs.
ANSWER OF DEFENDANT CAPITAL ONE
CAPITAL ONE NATIONAL BANK BANK (USA), N.A.

Defendant.

Defendant Capital One Bank (USA), N.A. (incorrectly named as "Capital One National

Bank") ("Capital One"), by and through its attorneys, McGuireWoods LLP, now answers

Plaintiffs Complaint as follows:

ANSWER

1. The allegations in Paragraph 1 constitute a legal conclusion to which no response is

required. The allegations in Paragraph 1 also concern claims that have been dismissed; therefore,

no response is required. To the extent a response is required, denied.

2. The allegations in Paragraph 2 constitute a legal conclusion to which no response is

required. The allegations in Paragraph 2 also concern claims that have been dismissed; therefore,

no response is required.· To the extent a response is required, denied.

3. The allegations in Paragraph 3 constitute a legal conclusion to which no response is

required. The allegations in Paragraph 3 also concern claims that have been dismissed; therefore,

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no response is required. The allegations in Paragraph 3 further relate to third parties, to which

Capital One lacks knowledge or information sufficient to form a belief as to the truth of those

allegations. To the extent a response is required, denied.

FIRST CLAIM FOR RELIEF

4. Capital One restates and incorporates here its answers to Paragraphs 1-3.

5. The allegations in Paragraph 5 constitute a legal conclusion to which no response is

required. The allegations in Paragraph 5 also concern claims that have been dismissed; therefore,

no response is required. The allegations in Paragraph 5 further relate to third parties, to which

Capital One lacks knowledge or information sufficient to form a belief as to the truth of those

allegations. To the extent a response is required, denied.

6. The allegations in Paragraph 6 constitute a legal conclusion to which no response is

required. The allegations in Paragraph 6 also concern claims that have been dismissed; therefore,

no response is required. The allegations in Paragraph 6 further relate to third parties, to which

Capital One lacks knowledge or information sufficient to form a belief as to the truth of those

allegations. Capital One specifically denies each and every allegation related to an alleged

violation of the October 24, 2016 Superior Court order. To the extent a response otherwise is

required, denied.

7. The allegations in Paragraph 7 concern claims that have been dismissed; therefore,

no response is required. To the extent a response is required, denied.

8. The allegations in Paragraph 8 concern claims that have been dismissed; therefore,

no response is required. To the extent a response is required, denied.

SECOND CLAIM FOR RELIEF

9. Capital One restates and incorporates here its answers to Paragraphs 1-8.

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10. The allegations in Paragraph 10 constitute a legal conclusion to which no response

is required. The allegations in Paragraph 10 also concern claims that have been dismissed;

therefore, no response is required. The allegations in Paragraph 10 further relate to third parties, to

which Capital One lacks knowledge or information sufficient to form a belief as to the truth of

those allegations. To the extent a response is required, denied.

11. The allegations in Paragraph 11 constitute a legal conclusion to which no response

is required. The allegations in Paragraph 11 also concern claims that have been dismissed;

therefore, no response is required. The allegations in Paragraph 11 further relate to third parties, to

which Capital One lacks knowledge or information sufficient to form a belief as to the truth of

those allegations. Capital One specifically denies each and every allegation related to an alleged

violation of a Superior Court order. To the extent a response is otherwise required, denied.

12. The allegations in Paragraph 12 concern claims that have been dismissed; therefore,

no response is required. Capital One specifically denies each and every allegation related to an

alleged violation of a Superior Court order, including any right to damages. To the extent a

response is otherwise required, denied.

r3. The allegations in Paragraph 13 concern claims that have been dismissed; therefore,

no response is required. To the extent a response is required, denied.

14. Capital One specifically denies each and every allegation that Plaintiff is entitled to

any damages for any reason.

PRAYER

15. Capital One specifically denies each and every allegation contained in the PRAYER

section of Plaintiffs Complaint, including the both WHEREFORE clauses, the THEREFORE

clause, and all numbered subparagraphs listed within the PRAYER section.

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DEFENSES

First Defense

Plaintiffs Complaint fails in whole or in part to state a claim upon which relief can be

granted. Specifically, the remaining claim in Plaintiffs Complaint, as stated in this Court's

April 13, 2017 Order, should be dismissed, because New Jersey law does not provide a private

right of action for an alleged violation of a court order. Additionally, the Complaint states no

facts to support Capital One's alleged violation. For these reasons, Plaintiffs Complaint must be

dismissed.

Second Defense

Plaintiffs Complaint is barred or limited, in whole or in part, by the equitable doctrines

of laches, waiver, estoppel and unclean hands.

Third Defense

Plaintiffs claims are barred in whole or in part because, at all times relevant hereto,

Capital One has acted in good faith and have not violated any rights that may be secured to

Plaintiff under any federal, state, or local laws, rules, regulations or guidelines.

Fourth Defense

To the extent that Plaintiffs claims are based on actions allegedly taken by persons other

than Capital One or its agents, Capital One is not responsible for such actions, vicariously or

otherwise.

Fifth Defense

Plaintiffs claims for punitive damages are barred because Capital One did not engage in

any action or omission with malice or with reckless indifference toward Plaintiff.

Sixth Defense

Plaintiff has failed to establish that any alleged violations were willful.

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Capital One reserves the right to assert any additional or affirmative defense that may

become apparent or available during discovery of this matter.

WHEREFORE, Capital One respectfully requests that judgment be entered in its favor

and against Plaintiff, that Plaintiffs Complaint be dismissed with prejudice in its entirety and

that Capital One be awarded the costs incurred in defending this action, and such other and

further relief as this Court deems proper.

Dated: April 24, 2017

New York, New York Mc~
WOODSLLP

By:
Phl~ ·
pagoldstein@mcguirewoods.com
John 0. Lukanski
jlukanski@mcguirewoods.com
1345 Avenue of the Americas, 7th Floor
New York, New York 10105-0106
(212) 548-2100

Attorneys for Defendant Capital One

Bank (USA), NA. (incorrectly named as
"Capital One National Bank'')

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CERTIFICATION OF NO OTHER ACTIONS

I certify that this dispute is not the subject of any other action pending in any other court

or a pending arbitration proceeding to the best of my knowledge and belief. Also, to the best of

my knowledge and belief, no other action or arbitration proceeding is contemplated. Further,

other than the parties set forth in the Complaint, I know of no other parties that should be made a

part of this lawsuit. In addition, I recognize my continuing obligation to file and serve on all

parties and the court an amended certification if there is a change in the facts stated in this

original certification.

Dated: April 24, 2017

New York, New York McGUIREWOODS LLP

By: ~--=--:
PhirrpA:GOlStein
pagoldstein@mcguirewoods.com
John 0. Lukanski
jlukanski@mcguirewoods.com
1345 Avenue of the Americas, 7th Floor
New York, New York 10105-0106
(212) 548-2100

Attorneys for Defendant Capital One

Bank (USA), NA. (incorrectly named as
"Capital One National Bank")

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DEMAND FOR STATEMENT OF DAMAGES

PLEASE TAKE NOTICE that Defendant demands of the Plaintiff a Statement of the

Amount of Damages sustained by Plaintiff within five (5) days of service of the within demand,

pursuant to R. 4:5-2.

Dated: April 24, 2017

New York, New York

By: -=-=-~~~~~~~~~­
Philip A. Goldstein
pagoldstein@mcguirewoods.com
John 0. Lukanski
j lukanski@mcguirewoods.com
1345 Avenue of the Americas, 7th Floor
New York, New York 10105-0106
(212) 548-2100

Attorneys for Defendant Capital One

Bank (USA), NA. (incorrectly named as
"Capital One National Bank")

CERTIFICATION OF REDACTION

I certify that confidential personal identifiers have been redacted from documents now

submitted to the court, and will be redacted from all documents submitted in the future in

accordance with R. 1:38-7(b).

Dated: April 24, 2017

New York, New York McGUIREWOODS LLP

By~fil~
pagoldstein@mcguirewoods.com
John 0. Lukanski
jlukanski@mcguirewoods.com
1345 Avenue of the Americas, 7th Floor
New York, New York 10105-0106
(212) 548-2100
Attorneys for Defendant Capital One
Bank (USA), NA. (incorrectly named as
"Capital One National Bank")

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DESIGNATION OF TRIAL COUNSEL

Pursuant to R. 4:25-4, be advised that Philip A. Goldstein has been designated as trial

counsel on behalf of D~fendant Capital One Bank (USA), N.A. in the above captioned matter.

Dated: April 24, 2017

New York, New York
ByMcG~­
Philip A. Goldstein
pagoldstein@mcguirewoods.com
John 0. Lukanski
jlukanski@mcguirewoods.com
1345 Avenue of the Americas, 7th Floor
New York, New York 10105-0106
(212) 548-2100

Attorneys for Defendant Capital One

Bank (USA), NA. (incorrectly named as
"Capital One National Bank")