12 REPLY TO COUNTERCLAIM13 v.

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RECE~VEDHARALSON, MILLER, PITT,FELDMAN & McANALLY, PLCGerald Maltz (No. 4908)One South Church Avenue, Suite 900Tucson, Arizona 85701Telephone: (520) 792-3836Facsimile: (520) 624-5080Email: gmaltz@hmpmlaw.com

Attorneys for Plaintiff

APR 242013

CHEIFETZ lANNITElliMARCOLlNI, 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 SYCAMOREVISTA 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. 5We.., 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 MaltzAttorneys for Plaintiff

Copy of the foregoing mailedthis ~day of April, 2013, to:

Rachael B. EisenstadtCheifetz Iannitelli Marcolini, P.C.III West Monroe Street, 17th FloorPhoenix, Arizona 85003Attorneys for Defendants

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