Case: 3:20-cv-00273-DRC Doc #: 7 Filed: 07/08/20 Page: 1 of 5 PAGEID #: 158
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF OHIO
`WESTERN DIVISION AT DAYTON
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`CASE NO. 3:20-CV-273
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`Judge Douglas R. Cole
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`DEFENDANT R. GOOD RENTALS,
`LLC’S AMENDED ANSWER TO
`COMPLAINT
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`Village of Camden, Ohio,
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` Plaintiff(s)
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`v.
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`Cargill, Incorporated, et al.
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` Defendants.
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`Comes now Defendant, R. Good Rentals, LLC (“Good Rentals”), and pursuant to Federal
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`Civil Rule 15(a)(1), which allows for amendment as a matter of course, hereby amends its
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`Answer to the Complaint filed by Village of Camden, Ohio (“Plaintiff”), and states and avers as
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`follows:
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`1.
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`2.
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`FIRST DEFENSE
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`The Complaint fails to state a claim upon which relief can be granted.
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`SECOND DEFENSE
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`In response to paragraphs 1 through 3 of Plaintiff’s Complaint, these allegations
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`are not directed at Good Rentals, and Good Rentals is without information sufficient to affirm or
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`deny the allegations, and therefore denies same
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`3.
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`In response to paragraph 4 of Plaintiffs’ Complaint, Good Rentals admits that it
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`owned the identified property, and that it is aware that Cargill and Central Salt stored salt there,
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`but denies that it is owned or operated by Rodney Good.
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`4.
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`In response to paragraphs 5 and 6 of Plaintiff’s Complaint, Good Rentals admits
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`the allegations in paragraphs 5 and 6.
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`1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF OHIO
`WESTERN DIVISION AT DAYTON
`
`:
`
`
`
`CASE NO. 3:20-CV-273
`
`Judge Douglas R. Cole
`
`DEFENDANT R. GOOD RENTALS,
`LLC’S AMENDED ANSWER TO
`COMPLAINT
`
`
`
`
`
`
`
`
`
`
` :
`
` :
`
`
`
` :
`
` :
`
`Village of Camden, Ohio,
`
` Plaintiff(s)
`
`v.
`
`Cargill, Incorporated, et al.
`
` Defendants.
`
`
`Comes now Defendant, R. Good Rentals, LLC (“Good Rentals”), and pursuant to Federal
`
`Civil Rule 15(a)(1), which allows for amendment as a matter of course, hereby amends its
`
`Answer to the Complaint filed by Village of Camden, Ohio (“Plaintiff”), and states and avers as
`
`follows:
`
`1.
`
`2.
`
`FIRST DEFENSE
`
`The Complaint fails to state a claim upon which relief can be granted.
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`SECOND DEFENSE
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`In response to paragraphs 1 through 3 of Plaintiff’s Complaint, these allegations
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`are not directed at Good Rentals, and Good Rentals is without information sufficient to affirm or
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`deny the allegations, and therefore denies same
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`3.
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`In response to paragraph 4 of Plaintiffs’ Complaint, Good Rentals admits that it
`
`owned the identified property, and that it is aware that Cargill and Central Salt stored salt there,
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`but denies that it is owned or operated by Rodney Good.
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`4.
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`In response to paragraphs 5 and 6 of Plaintiff’s Complaint, Good Rentals admits
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`the allegations in paragraphs 5 and 6.
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`1
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`Case: 3:20-cv-00273-DRC Doc #: 7 Filed: 07/08/20 Page: 2 of 5 PAGEID #: 159
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`5.
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`In response to paragraph 7 of Plaintiff’s Complaint, Good Rentals states that this
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`paragraph constitutes a pleading to which no response is required.
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`6.
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`In response to paragraphs 8 through 12 of Plaintiff’s Complaint, Good Rentals is
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`without information sufficient to affirm or deny the allegations, and therefore denies same.
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`7.
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`In response to paragraphs 13 through 19 of Plaintiff’s Complaint, Good Rentals
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`states that these allegations are moot after the removal of the case to federal court.
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`8.
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`In response to paragraph 20 of Plaintiff’s Complaint, Good Rentals states that this
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`paragraph constitutes a pleading to which no response is required.
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`9.
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`In response to paragraphs 21 and 22 of Plaintiff’s Complaint, Good Rentals is
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`without information sufficient to affirm or deny the allegations in paragraphs 21 and 22, and
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`therefore denies same.
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`10.
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`In response to paragraphs 23 through 26 of Plaintiff’s Complaint, Good Rentals
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`denies the allegations in paragraphs 23 through 26.
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`11.
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`In response to paragraphs 27 and 28 of Plaintiff’s Complaint, Good Rentals is
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`without information sufficient to affirm or deny the allegations, and therefore denies same.
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`12.
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`In response to paragraph 29 through 31 of Plaintiff’s Complaint, Good Rentals is
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`without information sufficient to affirm or deny the allegations, having not entered into those
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`contracts or being a party to the Cargill or Central Salt relationship, and therefore denies the
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`allegations in paragraphs 29 through 31.
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`13.
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`In response to paragraph 32 of Plaintiff’s Complaint, Good Rentals denies the
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`allegations in paragraph 32.
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`14.
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`In response to paragraphs 33 and 34 of Plaintiff’s Complaint, Good Rentals states
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`that the Court’s July 29, 2019 Judgment Entry speaks for itself.
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`2
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`Case: 3:20-cv-00273-DRC Doc #: 7 Filed: 07/08/20 Page: 3 of 5 PAGEID #: 160
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`15.
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`In response to paragraphs 35 and 36 of Plaintiff’s Complaint, Good Rentals
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`denies the allegations in paragraphs 35 and 36.
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`16.
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`In response to paragraphs 37 and 38 of Plaintiff’s Complaint, Good Rentals is
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`without information sufficient to affirm or deny the allegations, and therefore denies same.
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`17.
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`In response to paragraph 39 of Plaintiff’s Complaint, Good Rentals denies the
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`allegations in paragraph 39.
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`18.
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`In response to paragraph 40 of Plaintiff’s Complaint, Good Rentals states that this
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`paragraph constitutes a pleading to which no response is required. Good Rentals incorporates the
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`foregoing averments as if fully restated herein.
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`19.
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`In response to paragraphs 41 through 49 of Plaintiff’s Complaint, Good Rentals is
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`without information sufficient to affirm or deny the allegations, and therefore denies same.
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`20.
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`In response to paragraph 50 of Plaintiff’s Complaint, Good Rentals denies the
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`allegations in paragraph 50.
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`THIRD DEFENSE
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`21.
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`Plaintiff’s claims are barred by the applicable statute of limitations.
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`FOURTH DEFENSE
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`22.
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`Good Rentals reserves the right to assert additional defenses that may become
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`available or evident in discovery.
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`WHEREFORE, having fully answered, Good Rentals prays that the Complaint be
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`dismissed, that Good Rentals be awarded judgment in its favor on all claims against it, and that it
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`be awarded such other relief, legal or equitable, as is appropriate.
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`3
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`Case: 3:20-cv-00273-DRC Doc #: 7 Filed: 07/08/20 Page: 4 of 5 PAGEID #: 161
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`Respectfully submitted,
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`/s/ Matthew A. Rich_______________
`Matthew A. Rich (0077995)
`Katz Teller Brant & Hild
`255 East Fifth Street, Suite 2400
`Cincinnati, Ohio 45202
`513-721-4532
`513-762-0075
`mrich@katzteller.com
`Trial Attorney for Defendant
`R. Good Rentals, LLC
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`4
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`Case: 3:20-cv-00273-DRC Doc #: 7 Filed: 07/08/20 Page: 5 of 5 PAGEID #: 162
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`CERTIFICATE OF SERVICE
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`I hereby certify that a copy of the foregoing was served by filing through the Court’s
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`CM/ECF service on this 8th day of July, 2020 and by mailing a copy to the following counsel of
`record:
`ULMER & BERNE, LLP
`Frederic X. Shadley
`600 Vine Street, Suite 2800
`Cincinnati, OH 45202-2409
`fshadley@ulmer.com
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`Of Counsel:
`LATHROP & GAGE, LLP
`Jennifer Hannah (pro hac vice pending)
`10851 Mastin, Building 82, Suite 1000
`Overland Park, KS 66210
`jhannah@lathropgage.com
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`Counsel for Defendant Central Salt L.L.C.
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`FROST BROWN TODD, LLC
`Stephen N. Haughey
`Danielle E. List
`301 E. Fourth Street, Suite 3200
`Cincinnati, Ohio 45202
`shaughey@fbtlaw.com
`dlist@fbtlaw.com
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`Counsel for Plaintiff Village of Camden
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`VAN KLEY & WALKER, LLC
`Jack A. Van Kley
`Trial Attorney
`132 Northwoods Blvd., Suite C-1
`Columbus, Ohio 43235
`jvankley@vankleywalker.com
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`Of Counsel:
`FAEGRE DRINKER BIDDLE &
`REATH LLP
`Jacob D. Bylund (pro hac vice pending)
`801 Grand Avenue, 33rd Floor
`Des Moines, IA 50309-8003
`jacob.bylund@FaegreDrinker.com
`
`Julian E. Harrell (pro hac vice pending)
`Faegre Drinker Biddle & Reath LLP 300
`N. Meridian Street, Suite 2500
`Indianapolis, IN 46204
`julian.harrell@FaegreDrinker.com
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`Counsel for Defendant Cargill,
`Incorporated
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`COHEN, TODD, KITE & STANFORD,
`LLC
`Donald J. Rafferty
`250 E. Fifth Street, Suite 2350
`Cincinnati, Ohio 45202
`drafferty@ctks.com
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`Counsel for Defendants Good Rail &
`Truck Transfer, Inc. and R. Good
`Enterprises
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`4844-6918-7266, v. 2
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`/s/ Matthew A. Rich_____________________
`Matthew A. Rich (0077995)
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`5
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