Case 1:21-cv-01539-RLY-TAB Document 70 Filed 08/31/23 Page 1 of 6 PageID #: 1369
IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
NOBLE ROMAN’S, INC., )
)
Plaintiff and Counterclaim Defendant, )
)
vs. ) No. 1:21-cv-01539-RLY-TAB
)
AMI STORES MANAGEMENT, INC. )
AMI 57 LLC d/b/a AMI 70 FOOD MART, )
AMI 63 LLC d/b/a AMI 63 FOOD MART, and )
AMI 59, LLC )
)
Defendants and Counterclaim Plaintiffs. )
NOBLE ROMAN’S, INC.’S ANSWER TO AMENDED COUNTERCLAIM
Plaintiff/Counterclaim Defendant/Third-Party Counterclaim Plaintiff, Noble Roman’s,
Inc. (“NRI”), by counsel, HOLLINGSWORTH ROBERTS MEANS LLC, pursuant to Fed. R.
Civ. P. 8(b) and 15(a)(3) for its response to the amended counterclaim filed by AMI Stores
Management, Inc., AMI 57 LLC d/b/a AMI 70 Food Mart, and AMI 63 LLC d/b/a AMI 63 Food
Mart (herein collectively referred to as the “AMI Parties”) on August 17, 2023 [Dkt. 68] (herein,
the “Amended Counterclaim”), states and alleges as follows:
ANSWER TO COUNTERCLAIM
1. NRI admits the material allegations contained in paragraph 1 of the Amended
Counterclaim.
2. NRI admits the material allegations contained in paragraph 2 of the Amended
Counterclaim.
3. NRI admits the material allegations contained in paragraph 3 of the Amended
Counterclaim.
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4. NRI admits the material allegations contained in paragraph 4 of the Amended
Counterclaim.
5. NRI admits that, amongst other reasons, it had the right to terminate the franchise
agreements as alleged in paragraph 5 of the Amended Counterclaim.
6. NRI states that the contract terms purportedly referenced and relied upon to form
the allegations contained in paragraph 6 of the Amended Counterclaim speak for themselves and
further denies these allegations as set forth in said paragraph 6.
7. NRI states that the contract terms purportedly referenced and relied upon to form
the allegations contained in paragraph 7 of the Amended Counterclaim speak for themselves and
further denies that the allegations set forth in said paragraph 7 accurately recite the written contract
terms.
8. NRI states that the contract terms purportedly referenced and relied upon to form
the allegations contained in paragraph 8 of the Amended Counterclaim speak for themselves and
further denies that the allegations set forth in said paragraph 8 accurately recite the written contract
terms.
9. NRI states that the contract terms purportedly referenced and relied upon to form
the allegations contained in paragraph 9 of the Amended Counterclaim speak for themselves and
further denies that the allegations set forth in said paragraph 9 accurately recite the written contract
terms.
10. NRI states that the contract terms purportedly referenced and relied upon to form
the allegations contained in paragraph 10 of the Amended Complaint does not contain a “Section
SVII(a)(3)(n)” and therefore no answer to these allegations is required of NRI under the Federal
Rules.
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11. NRI states that paragraph 11 of the Amended Complaint contains only a purported
description of a letter designated with NRI’s successful motion for partial summary judgment filed
in this case, as opposed to statements of factual allegations against NRI and thus no response is
required under Federal Rule 8(b). To the extent a response is required, NRI admits the existence
of the letter referenced in said paragraph 11, and that a true and accurate copy of the letter was
designated to support NRI’s successful motion for partial summary judgment.
12. NRI denies the allegations contained in paragraph 12 of the Amended
Counterclaim.
13. NRI denies the allegations contained in paragraph 13 of the Amended Counterclaim
and further states that the allegations contained in said paragraph would appear to comprise a
purported claim which has already been decided by this court and one which would therefore be
barred under the doctrine of res judicata.
14. NRI denies the allegations contained in paragraph 14 of the Amended Counterclaim
and further states that the allegations contained in said paragraph would appear to comprise a
purported claim which has already been decided by this court and one which would therefore be
barred under the doctrine of res judicata.
15. NRI denies the allegations contained in paragraph 15 of the Amended Counterclaim
and further states that the allegations contained in said paragraph would appear to comprise a
purported claim which has already been decided by this court and one which would therefore be
barred under the doctrine of res judicata.
16. NRI denies the allegations contained in paragraph 16 of the Amended Counterclaim
and further states that the allegations contained in said paragraph would appear to comprise a
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purported claim which has already been decided by this court and one which would therefore be
barred under the doctrine of res judicata.
17. NRI denies the duplicative allegations contained in both paragraphs styled as “17”
of the Amended Counterclaim.
18. NRI denies the allegations contained in paragraph 18 of the Amended
Counterclaim.
19. NRI denies the allegations contained in paragraph 19 of the Amended
Counterclaim.
20. NRI admits the material allegations contained in paragraph 20 of the Amended
Counterclaim.
21. NRI denies the allegations contained in paragraph 21 of the Amended Counterclaim
and further states that the allegations contained in said paragraph would appear to state a purported
legal claim which has already been decided by this court and one which would therefore be barred
under the doctrine of res judicata.
22. NRI denies the allegations contained in paragraph 22 of the Amended
Counterclaim.
WHEREFORE, NRI requests that the AMI Parties take nothing by way of their averments
and allegations made in their amended counterclaim pleading, for judgment in NRI’s favor, and
all other relief just and proper in the premises, including attorneys’ fees and the costs of this action.
ADDITIONAL DEFENSES
NRI, pursuant to Fed. R. Civ. P. 8(c), hereby asserts the following defenses in response to
the Amended Counterclaim filed by the AMI Parties:
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1. Any allegations or rhetorical paragraphs contained in the Amended Counterclaim
which are not specifically admitted, denied, or responded to, are hereby denied.
2. The claims advanced in the Amended Counterclaim are barred under the doctrine
of res judicata.
3. The AMI Parties failed to mitigate any damages purportedly incurred by way of the
claims alleged in the Amended Counterclaim and are not entitled to recover any damages which
they have unreasonably failed to mitigate or avoid.
4. The AMI Parties are barred from recovery under the equitable doctrine of unclear
hands.
WHEREFORE, NRI requests that the AMI Parties take nothing by way of their averments
and allegations made in their amended counterclaim pleading, for judgment in NRI’s favor, and
all other relief just and proper in the premises, including attorneys’ fees and the costs of this action.
Respectfully submitted,
HOLLINGSWORTH ROBERTS MEANS LLC
/s/ Jeffrey D. Roberts
Jaime L. Meyer
Atty No. 23686-29
Jeffrey D. Roberts
Atty No. 23723-53
Ashley R. Roncevic
Atty. No. 30333-18
12801 E. New Market St.
Carmel, IN 46032
Office: (317) 569-2200
Facsimile: (317) 569-2210
jmeyer@hrmlaw.com
jroberts@hrmlaw.com
aroncevic@hrmlaw.com
Attorneys for Noble Roman’s, Inc.
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CERTIFICATE OF SERVICE
This is to certify that on August 31, 2023, the foregoing paper was filed electronically with
the Clerk of the Court using the Court’s Electronic Case Filing (ECF) System. Notice of this filing
will be sent to all parties by operation of the ECF system. The following parties may access this
filing through the ECF system.
Don Pinaud, Esq.
All Florida Justice, LLC
Law Office of Don Pinaud
4530 St. John Ave., Ste. 15-202
Jacksonville, FL 32210
don@allfloridajustice.com
/s/ Jeffrey D. Roberts
Jeffrey D. Roberts
HOLLINGSWORTH ROBERTS MEANS LLC
12801 E. New Market Street
Carmel, IN 46032
Tel: 317-569-2200
Fax: 317-569-2210
