Case: 3:20-cv-00273-DRC Doc #: 8 Filed: 07/08/20 Page: 1 of 6 PAGEID #: 163
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRIC OF OHIO
`WESTERN DIVISION AT DAYTON
`
`
`
`VILLAGE OF CAMDEN, OHIO,
`
`:
`
`Case No. 3:20-CV-273
`
`Plaintiff
`
`:
`
`Judge Douglas R. Cole
`
`
`
`v.
`
`CARGILL, INCORPORATED, et al.,
`
` Defendants.
`
`_____________________________________
`
`ANSWER OF GOOD RAIL & TRUCK
`TRANSFER, INC. AND R. GOOD
`ENTERPRISES, LLC
`
`:
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`:
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`:
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`:
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`
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`For their Answer to Plaintiff’s Complaint (the “Complaint”), Defendants Good Rail &
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`Truck Transfer, Inc. and R. Good Enterprises, LLC (the “Good Defendants”) state as follows:
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`FIRST DEFENSE
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`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`Admitted.1
`
`Admitted.
`
`Admitted.
`
`Admitted.
`
`Admitted.
`
`Admitted.
`
`With respect to paragraph 7, Defendants assert that this allegation merely
`
`references a prior decision from the Preble County Court of Common Pleas and no response is
`
`required.
`
`8.
`
`Admitted.
`
`
`1 The paragraph numbers in this Answer correspond to the paragraph numbers in the Complaint.
`1
`
`
`
`1084335.1
`
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRIC OF OHIO
`WESTERN DIVISION AT DAYTON
`
`
`
`VILLAGE OF CAMDEN, OHIO,
`
`:
`
`Case No. 3:20-CV-273
`
`Plaintiff
`
`:
`
`Judge Douglas R. Cole
`
`
`
`v.
`
`CARGILL, INCORPORATED, et al.,
`
` Defendants.
`
`_____________________________________
`
`ANSWER OF GOOD RAIL & TRUCK
`TRANSFER, INC. AND R. GOOD
`ENTERPRISES, LLC
`
`:
`
`:
`
`:
`
`:
`
`
`
`
`
`For their Answer to Plaintiff’s Complaint (the “Complaint”), Defendants Good Rail &
`
`Truck Transfer, Inc. and R. Good Enterprises, LLC (the “Good Defendants”) state as follows:
`
`FIRST DEFENSE
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`Admitted.1
`
`Admitted.
`
`Admitted.
`
`Admitted.
`
`Admitted.
`
`Admitted.
`
`With respect to paragraph 7, Defendants assert that this allegation merely
`
`references a prior decision from the Preble County Court of Common Pleas and no response is
`
`required.
`
`8.
`
`Admitted.
`
`
`1 The paragraph numbers in this Answer correspond to the paragraph numbers in the Complaint.
`1
`
`
`
`1084335.1
`
`
`
`Case: 3:20-cv-00273-DRC Doc #: 8 Filed: 07/08/20 Page: 2 of 6 PAGEID #: 164
`
`9.
`
`Denied for lack of knowledge.
`
`10.
`
`Denied for lack of knowledge.
`
`11.
`
`Denied for lack of knowledge.
`
`12.
`
`Denied for lack of knowledge.
`
`The allegations in paragraph 13 are moot in light of the removal of the case.
`
`Good Defendants admit that the Court has personal jurisdiction over all named
`
`13.
`
`14.
`
`defendants.
`
`15.
`
`Good Defendants admit that the Court has personal jurisdiction over all named
`
`defendants.
`
`16.
`
`Good Defendants admit that the Court has personal jurisdiction over all named
`
`defendants.
`
`17.
`
`Good Defendants admit that the Court has personal jurisdiction over all named
`
`defendants.
`
`18.
`
`Good Defendants admit that the Court has personal jurisdiction over all named
`
`defendants.
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`19.
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`Good Defendants admit that venue is proper.
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`Good Defendants incorporate their previous assertions as if fully rewritten.
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`Denied for lack of knowledge and because the allegations call for a legal
`
`20.
`
`21.
`
`conclusion.
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`22.
`
`Denied for lack of knowledge.
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`23.
`
`Denied.
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`24.
`
`Denied.
`
`25.
`
`Denied.
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`
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`1084335.1
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`2
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`Case: 3:20-cv-00273-DRC Doc #: 8 Filed: 07/08/20 Page: 3 of 6 PAGEID #: 165
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`26.
`
`Denied.
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`27.
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`Denied for lack of knowledge.
`
`28.
`
`Admitted.
`
`29.
`
`Admitted.
`
`30.
`
`Admitted.
`
`31.
`
`Good Defendants admit that no guidance was provided to Rodney Good. Good
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`Defendants deny the remaining allegations for lack of knowledge.
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`32.
`
`Denied.
`
`33.
`
`The June 29, 2019 Entry speaks for itself. The remaining allegations of paragraph
`
`33 are denied.
`
`34.
`
`The June 29, 2019 Entry speaks for itself. The remaining allegations of paragraph
`
`34 are denied.
`
`35.
`
`Denied.
`
`36.
`
`Denied.
`
`37.
`
`Good Defendants admit that emergency orders were issued by Ohio EPA to
`
`Plaintiff requiring Plaintiff to shut down wells and locate a new water source. The remaining
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`allegations of paragraph 37 are denied.
`
`38.
`
`Denied for lack of knowledge.
`
`39.
`
`Denied.
`
`40.
`
`Good Defendants incorporate their previous assertions as if fully rewritten.
`
`41.
`
`Denied for lack of knowledge.
`
`42.
`
`Denied for lack of knowledge.
`
`
`
`1084335.1
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`3
`
`
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`Case: 3:20-cv-00273-DRC Doc #: 8 Filed: 07/08/20 Page: 4 of 6 PAGEID #: 166
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`43.
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`Good Defendants admit that there are a few areas in the ground that show such
`
`concentrations but deny the remaining allegations of paragraph 43 for lack of knowledge.
`
`44.
`
`Denied for lack of knowledge.
`
`45.
`
`Denied.
`
`46.
`
`Denied.
`
`47.
`
`Denied.
`
`48.
`
`Denied.
`
`49.
`
`Denied.
`
`50.
`
`Denied.
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`SECOND DEFENSE
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`51.
`
`Plaintiff’s claims are barred by the applicable statute of limitations.
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`THIRD DEFENSE
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`52.
`
`Good Defendants reserve the right to assert additional defenses that may become
`
`apparent as this case proceeds.
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`WHEREFORE, Defendants Good Rail & Truck Transfer, Inc. and R. Good Enterprises,
`
`LLC request that Plaintiff’s Complaint be dismissed with prejudice, that judgment be entered in
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`favor of the Good Defendants, and that the Good Defendants be granted such other relief as the
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`Court deems just and equitable.
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`1084335.1
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`4
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`Case: 3:20-cv-00273-DRC Doc #: 8 Filed: 07/08/20 Page: 5 of 6 PAGEID #: 167
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`Respectfully submitted,
`
`
`
`
`
`
`
`/s/ Donald J. Rafferty
`Donald J. Rafferty (0042614)
`Cohen, Todd, Kite & Stanford, LLC
`250 E. Fifth St., Suite 2350
`Cincinnati, Ohio 45202-5136
`Tel: (513) 333-5243
`Email: drafferty@ctks.com
`
`Counsel for Defendant Good Rail & Truck
`Transfer, Inc. and R. Good Enterprises, LLC
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`5
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`1084335.1
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`Case: 3:20-cv-00273-DRC Doc #: 8 Filed: 07/08/20 Page: 6 of 6 PAGEID #: 168
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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
`CM/ECF service on July 8, 2020 and by mailing a copy to the following counsel of record:
`
`Jennifer M. Hannah
`LATHROP & GAGE LLP
`2345 Grand Boulevard, Suite 2200
`Kansas City, Missouri 64108-2684
`(816) 292-2000 / (816) 292-2001 (fax)
`jhannah@lathropgage.com
`Counsel for Defendant Central Salt
`L.L.C.
`
`Jack A. Van Kley
`Van Kley & Walker, LLC
`132 Northwoods Blvd, Suite C-1
`Columbus, Ohio 43235
`Counsel for Cargill, Inc
`
`Frederic X. Shadley (0028584)
`ULMER & BERNE LLP
`600 Vine Street, Suite 2800
`Cincinnati, Ohio 45202-2409
`(513) 698-5014 / (513) 698-5036 (fax)
`(513) 698-5015 / (513) 698-5037 (fax)
`fshadley@ulmer.com
`Counsel for Defendant Central Salt
`L.L.C.
`
`
`
`Jacob D. Bylund
`801 Grand Avenue, 33rd Floor
`Des Moines, IA 50309-8003
`Jacob.Bylund@FaegreDrinker.com
`Counsel for Cargill, Inc
`
`
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`Stephen N. Haughey
`FROST BROWN TODD LLC
`301 East Fourth Street, Suite 3200
`Cincinnati, Ohio 45202
`shaughey@fbtlaw.com
`Counsel for Plaintiff
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`Matthew A. Rich (0077995)
`Katz, Teller, Brant & Hild
`255 E. Fifth St., Suite 2400
`Cincinnati, Ohio 45202
`Counsel for Defendant R. Good Rentals,
`LLC
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`1084335.1
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`/s/ Donald J. Rafferty
`
`Donald J. Rafferty (0042614)
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`
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`6
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