12 REPLY TO COUNTERCLAIM
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RECE~VED
HARALSON, MILLER, PITT,
FELDMAN & McANALLY, PLC
Gerald Maltz (No. 4908)
One South Church Avenue, Suite 900
Tucson, Arizona 85701
Telephone: (520) 792-3836
Facsimile: (520) 624-5080
Email: gmaltz@hmpmlaw.com
Attorneys for Plaintiff
APR 242013
CHEIFETZ lANNITElli
MARCOLlNI, RC.
IN THE SUPERIOR COURT OF ARIZONA
IN AND FOR PIMA COUNTY
Plaintiff,
(Judge Carmine Cornelio)
NT PROPERTIES, LLC, Case No: C20130421
666ISMONEY, LC, and SYCAMORE
VISTA LAND FOR SALE, LC,
Defendants.
NT Properties, in reply to the counterclaim of defendant Sycamore Vista
Land For Sale, LC, alleges a~ follows:
1. Admit the allegations in paragraphs 1-3.
2. Deny for lack of personal knowledge and information the allegations
contained in paragraphs 4-29.
3. The allegations contained in paragraphs 30-41 are legal argument, not
allegations of fact, and should be stricken or disregarded.
4. With respect to paragraphs 42-61, admits that Sycamore Vista Land
For Sale, LC, seeks declaratory relief but denies that it states a cause of action
Calendared By. ~W Date l..(.~4·1:?
Cal for. 5 We.., r:<.e>W JS7r;, - ~
(0. ~. I) :I:oS

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against the plaintiff. Further alleges that the claims are barred by estoppel, unjust
enrichment, the facts alleged in the complaint, and, in order to prevent waiver,
plaintiff alleges all affirmative defenses contemplated by Rule 8(c).
5. The purported counterclaim violates the "short and plain statement"
requirement of Rule 8(a) and should be stricken or dismissed for that reason.
6. The plaintiff denies each and every allegation not expressly admitted.
7. The plaintiff is entitled to recovery of attorney's fees, as this is an
action arising out of contract, express or implied, within the meaning of A.R.S. §
12-341.01.
WHEREFORE, plaintiff/counter-defendant requests that the counterclaim be
dismissed with prejudice, that counterclaim ant take nothing thereby, and that the
plaintiff/counter-defendant be awarded its reasonable attorney's fees, costs, legal
expenses, and such other and further relief as may be just and proper.
Dated this ~ day of April, 2013.
t'?
HARALSON, MILLER, PITT,
FELDMAN & McANALLY, PLC
By _
Gerald Maltz
Attorneys for Plaintiff
Copy of the foregoing mailed
this ~day of April, 2013, to:
Rachael B. Eisenstadt
Cheifetz Iannitelli Marcolini, P.C.
III West Monroe Street, 17th Floor
Phoenix, Arizona 85003
Attorneys for Defendants
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