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UNITED STATES OF AMERICA et al v. APPLIED ENERGY MANAGEMENT, INC. et al Defendant Answer to Complaint

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE UNITED STATES OF AMERICA for the use of RAGAN MECHANICAL, INC., Plaintiff, vs. APPLIED ENERGY MANAGEMENT, INC. and WESTCHESTER FIRE INSURANCE COMPANY, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )
Docket No. 3:11-cv-00199
ANSWER OF DEFENDANTS Come the Defendants, by and through counsel, and answers the Plaintiff’s Complaint as follows: 1. 2. 3. 4. 5. 6. Allegations contained in Paragraph 1 of the Complaint are denied. Allegations contained in Paragraph 2 of the Complaint are admitted. Allegations contained in Paragraph 3 of the Complaint are admitted. Allegations contained in Paragraph 4 of the Complaint are admitted. Allegations contained in Paragraph 5 of the Complaint are admitted. In response to the allegations contained in Paragraph 6 of the Complaint, it is
admitted that on November 1, 2009 the Plaintiff and Applied Energy Management, Inc. entered into a subcontract agreement providing that the Plaintiff had the contractual responsibilities to provide supervision, labor, materials, and equipment as defined in a scope of work description, certain change orders, and in general under the terms and conditions of the subcontract agreement in regard to the construction of the Melton Valley Steam Plant ORNL. It is denied
Case 3:11-cv-00199 Document 11
Filed 05/26/11 Page 1 of 3 PageID #: 86
that Exhibit B represents the subcontract in its entirety. All remaining allegations contained in Paragraph 6 of the Complaint are denied. 7. In response to the allegations contained in Paragraph 7 of the Complaint, the
Defendant admits that in accordance with the terms and conditions of the original subcontract agreement between the parties herein, certain change orders were executed by the parties in addition to the original subcontract agreement. Paragraphs 7(a) through (g) are admitted. All remaining allegations are denied. 8. 9. 10. 11. Allegations contained in Paragraph 8 of the Complaint are denied. Allegations contained in Paragraph 9 of the Complaint are denied. Allegations contained in Paragraph 10 of the Complaint are admitted. In response to the allegations contained in Paragraph 11 of the Complaint, these
Defendants are without sufficient information or knowledge to either admit or deny the allegations contained therein and therefore must deny the same at this time. 12. 13. 14. Allegations contained in Paragraph 12 of the Complaint are admitted. Allegations contained in Paragraph 13 of the Complaint are denied. Answering the Prayer, it is denied that the Plaintiff is entitled to the relief sought
therein or to any other relief from these Defendants. 15. All allegations contained in the Complaint not hereinabove either admitted,
explained or denied are hereby generally denied. Strict proof is demanded regarding all allegations that have been denied. WHEREFORE, having fully answered the Complaint, these Defendants move to be dismissed hence with their reasonable costs.
Case 3:11-cv-00199 Document 11
Filed 05/26/11 Page 2 of 3 PageID #: 87
Respectfully submitted, TRAMMELL, ADKINS & WARD, P.C.
s/
Terrill L. Adkins Terrill L. Adkins, BPR #013138 Attorney for Defendants P.O. Box 51450 Knoxville, Tennessee 37950 865/330-2577
CERTIFICATE OF SERVICE I hereby certify that on 5-26-2011 a copy of the foregoing pleading was filed electronically. Notice of this filing will be sent by operation of the court’s electronic filing system to all parties indicated on the electronic filing receipt. All other parties will be served by regular U.S. mail. Parties may access this filing through the Court’s electronic filing system.
TRAMMELL, ADKINS & WARD, P.C.
s/
Terrill L. Adkins Terrill L. Adkins
Case 3:11-cv-00199 Document 11
Filed 05/26/11 Page 3 of 3 PageID #: 88

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