BETANCOURT, VAN HEMMEN, GRECO & KENYON LLC

Attorneys for Defendant WEEKS MARINE, INC.

46 Trinity Place

New York, NY 10006

(212) 297-0050

Ronald Betancourt (RB-5838)

Todd P. Kenyon (TK-7654)

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

IN RE WORLD TRADE CENTER DISASTER

SITE LITIGATION

EDDIE TIBBATTS,

 Plaintiff,

v.

A RUSSO WRECKING, ET. AL.,

SEE ATTACHED RIDER,

Defendants.

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x

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21 MC 100 (AKH)

Case No.: 06-cv-15090 (AKH)

WEEKS MARINE, INC.’S

NOTICE OF ADOPTION OF

MASTER ANSWER (FRESH

KILLS DEFENDANTS) WITH

AMENDMENTS AND ANSWER

TO SHORT FORM COMPLAINT

PLEASE TAKE NOTICE that Defendant Weeks Marine, Inc. (“Weeks Marine”), by its

attorneys, Betancourt, Van Hemmen, Greco & Kenyon LLC, as and for its Answer to the allegations

set forth in AMENDED MASTER COMPLAINT AGAINST THE CITY OF NEW YORK AND THE FRESH

KILLS CONTRACTOR DEFENDANTS (“Complaint”) and as for its Answer to the allegations set forth

in the CHECK-OFF (“SHORT FORM”) COMPLAINT RELATED TO THE MASTER COMPLAINT (“Short

Form Complaint”), hereby (1) adopts, as if set forth herein, theMASTER ANSWER TO THE AMENDED

MASTER COMPLAINT AGAINST THE CITY OF NEW YORK AND THE FRESH KILLS CONTRACTOR

DEFENDANTS dated January 15, 2008 (“Master Answer”) with the following amendments set forth

below and (2) answers the Short Form Complaint:

Case 1:06-cv-15090-AKH Document 8 Filed 02/15/2008 Page 1 of 31
*

 The numbers of the Paragraphs set forth herein correspond to the Paragraph numbers in the Master

Answer.

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AMENDMENTS TO MASTER ANSWER

The following Paragraphs* of the Master Answer are hereby amended for this action as

follows: 

23. Weeks Marine denies the allegations contained in Paragraph 23 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 23 of the Complaint as they

relate to all other Fresh Kills Defendants.

24. Weeks Marine denies the allegations contained in Paragraph 24 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 24 of the Complaint as they

relate to all other Fresh Kills Defendants.

25. Weeks Marine denies the allegations contained in Paragraph 25 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 25 of the Complaint as they

relate to all other Fresh Kills Defendants.

26. Weeks Marine denies the allegations contained in Paragraph 26 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 26 of the Complaint as they

relate to all other Fresh Kills Defendants.

27. Weeks Marine denies the allegations contained in Paragraph 27 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

Case 1:06-cv-15090-AKH Document 8 Filed 02/15/2008 Page 2 of 31
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a belief as to the truth of the allegations contained in Paragraph 27 of the Complaint as they

relate to all other Fresh Kills Defendants.

****

109. Paragraph 109 of the Complaint asserts a legal conclusion to which no response is required.

To the extent that it does not assert a legal conclusion, which is denied, Weeks Marine

denies the allegations contained in Paragraph 109 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in Paragraph 109 of the Complaint as they relate to all

other Fresh Kills Defendants.

 

111. The document identified or referenced in Paragraph 111 speaks for itself, and therefore no

additional response is required. Without waiving the foregoing objection, Weeks Marine

denies the allegations contained in Paragraph 111 of the Complaint as they relate to Weeks

Marine, except affirmatively asserts that it assisted in the debris removal operations in the

aftermath of the 9/11 terrorist attacks, in a restricted and defined location, limited in area and

scope, under the control and direction of the City of New York and other authorities. Weeks

Marine denies knowledge or information sufficient to form a belief as to the truth of the

allegations contained in Paragraph 111 of the Complaint as they relate to all other Fresh

Kills Defendants.

112. Weeks Marine denies the allegations contained in Paragraph 112 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 112 of the Complaint as they

relate to all other Fresh Kills Defendants.

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113. The documents identified or referenced in Paragraph 113 speak for themselves, and therefore

no additional response is required. Furthermore, Paragraph 113 of the Complaint asserts a

legal conclusion to which no response is required. To the extent that it does not assert a

legal conclusion, which is denied, and without waiving the foregoing objection, Weeks

Marine denies the allegations contained in Paragraph 113 of the Complaint as they relate to

Weeks Marine. Weeks Marine denies knowledge or information sufficient to form a belief

as to the truth of the allegations contained in Paragraph 113 of the Complaint as they relate

to all other Fresh Kills Defendants.

114. The document identified or referenced in Paragraph 114 speaks for itself, and therefore no

additional response is required. Without waiving the foregoing objection, Weeks Marine

denies knowledge or information sufficient to form a belief as to the truth of the allegations

contained in Paragraph 114 of the Complaint as they relate to Weeks Marine. Weeks Marine

denies knowledge or information sufficient to form a belief as to the truth of the allegations

contained in Paragraph 114 of the Complaint as they relate to all other Fresh Kills

Defendants.

115. Weeks Marine denies the allegations contained in Paragraph 115 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 115 of the Complaint as they

relate to all other Fresh Kills Defendants.

116. Weeks Marine denies the allegations contained in Paragraph 116 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 116 of the Complaint as they

relate to all other Fresh Kills Defendants.

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117. Paragraph 117 of the Complaint asserts a legal conclusion to which no response is required.

To the extent that it does not assert a legal conclusion, which is denied, Weeks Marine

denies the allegations contained in Paragraph 117 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in Paragraph 117 of the Complaint as they relate to all

other Fresh Kills Defendants.

118. Weeks Marine denies the allegations contained in Paragraph 118 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 118 of the Complaint as they

relate to all other Fresh Kills Defendants.

119. Weeks Marine denies the allegations contained in Paragraph 119 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 119 of the Complaint as they

relate to all other Fresh Kills Defendants.

120. Weeks Marine denies the allegations contained in Paragraph 120 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 120 of the Complaint as they

relate to all other Fresh Kills Defendants.

121. The document identified or referenced in Paragraph 121 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 121 of the Complaint

is unsupported by Plaintiffs’ citations. Furthermore, Paragraph 121 of the Complaint asserts

a legal conclusion to which no response is required. To the extent that it does not assert a

legal conclusion, which is denied, and without waiving the foregoing objections, Weeks

Case 1:06-cv-15090-AKH Document 8 Filed 02/15/2008 Page 5 of 31
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Marine denies the allegations contained in Paragraph 121 of the Complaint as they relate to

Weeks Marine. Weeks Marine denies knowledge or information sufficient to form a belief

as to the truth of the allegations contained in Paragraph 121 of the Complaint as they relate

to all other Fresh Kills Defendants.

122. The document identified or referenced in Paragraph 122 speaks for itself, and therefore no

additional response is required. Furthermore, Paragraph 122 of the Complaint asserts a legal

conclusion to which no response is required. To the extent that it does not assert a legal

conclusion, which is denied, and without waiving the foregoing objection, Weeks Marine

denies the allegations contained in Paragraph 122 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in Paragraph 122 of the Complaint as they relate to all

other Fresh Kills Defendants.

123. Paragraph 123 of the Complaint asserts a legal conclusion to which no response is required.

To the extent that it does not assert a legal conclusion, which is denied, Weeks Marine

denies the allegations contained in Paragraph 123 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in Paragraph 123 of the Complaint as they relate to all

other Fresh Kills Defendants.

124. Paragraph 124 of the Complaint asserts a legal conclusion to which no response is required.

To the extent that it does not assert a legal conclusion, which is denied, Weeks Marine

denies the allegations contained in Paragraph 124 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

Case 1:06-cv-15090-AKH Document 8 Filed 02/15/2008 Page 6 of 31
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truth of the allegations contained in Paragraph 124 of the Complaint as they relate to all

other Fresh Kills Defendants.

125. Weeks Marine denies the allegations contained in Paragraph 125 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 125 of the Complaint as they

relate to all other Fresh Kills Defendants.

126. Weeks Marine denies the allegations contained in Paragraph 126 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 126 of the Complaint as they

relate to all other Fresh Kills Defendants.

127. The document identified or referenced in Paragraph 127 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 127 of the Complaint

is unsupported by Plaintiffs’ citations. Without waiving the foregoing objections, Weeks

Marine denies the allegations contained in Paragraph 127 of the Complaint as they relate to

Weeks Marine. Weeks Marine denies knowledge or information sufficient to form a belief

as to the truth of the allegations contained in Paragraph 127 of the Complaint as they relate

to all other Fresh Kills Defendants.

128. Weeks Marine denies the allegations contained in Paragraph 128 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 128 of the Complaint as they

relate to all other Fresh Kills Defendants.

129. The document identified or referenced in Paragraph 129 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 129 of the Complaint

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is unsupported by Plaintiffs’ citations. Without waiving the foregoing objections, Weeks

Marine denies the allegations contained in Paragraph 129 of the Complaint as they relate to

Weeks Marine. Weeks Marine denies knowledge or information sufficient to form a belief

as to the truth of the allegations contained in Paragraph 129 of the Complaint as they relate

to all other Fresh Kills Defendants.

130. Weeks Marine denies the allegations contained in Paragraph 130 of the Complaint as they

relate to Weeks Marine, except to admit that all funding for the rescue, recovery, and debris

removal ultimately came from the Federal Emergency Management Agency. Weeks Marine

denies knowledge or information sufficient to form a belief as to the truth of the allegations

contained in Paragraph 130 of the Complaint as they relate to all other Fresh Kills

Defendants.

131. The statement referenced in Paragraph 131 of the Complaint is unsupported by Plaintiffs’

citation. Without waiving the foregoing objection, Weeks Marine denies knowledge or

information sufficient to form a belief as to the truth of the allegations contained in

Paragraph 131 of the Complaint. 

132. Weeks Marine denies the allegations contained in Paragraph 132 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 132 of the Complaint as they

relate to all other Fresh Kills Defendants.

133. Weeks Marine denies the allegations contained in Paragraph 133 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 133 of the Complaint as they

relate to all other Fresh Kills Defendants.

Case 1:06-cv-15090-AKH Document 8 Filed 02/15/2008 Page 8 of 31
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134. Weeks Marine denies knowledge or information sufficient to form a belief as to the truth of

the allegations contained in Paragraph 134 of the Complaint as they relate to Weeks Marine.

Weeks Marine denies knowledge or information sufficient to form a belief as to the truth of

the allegations contained in Paragraph 134 of the Complaint as they relate to all other Fresh

Kills Defendants.

135. The document identified or referenced in Paragraph 135 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 135 of the Complaint

is unsupported by Plaintiffs’ citations. Without waiving the foregoing objections, Weeks

Marine denies the allegations contained in Paragraph 135 of the Complaint as they relate to

Weeks Marine. Weeks Marine denies knowledge or information sufficient to form a belief

as to the truth of the allegations contained in Paragraph 135 of the Complaint as they relate

to all other Fresh Kills Defendants.

136. Weeks Marine denies the allegations contained in Paragraph 136 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 136 of the Complaint as they

relate to all other Fresh Kills Defendants.

137. The document identified or referenced in Paragraph 137 speaks for itself, and therefore no

additional response is required. Without waiving the foregoing objection, Weeks Marine

denies the allegations contained in Paragraph 137 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in Paragraph 137 of the Complaint as they relate to all

other Fresh Kills Defendants.

Case 1:06-cv-15090-AKH Document 8 Filed 02/15/2008 Page 9 of 31
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138. Weeks Marine denies the allegations contained in Paragraph 138 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 138 of the Complaint as they

relate to all other Fresh Kills Defendants.

139. The documents identified or referenced in Paragraph 139 speak for themselves, and therefore

no additional response is required. The statement referenced in Paragraph 139 of the

Complaint is unsupported by Plaintiffs’ citations. Without waiving the foregoing objections,

Weeks Marine denies the allegations contained in Paragraph 139 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 139 of the Complaint as they

relate to all other Fresh Kills Defendants.

140. The documents identified or referenced in Paragraph 140 speak for themselves, and therefore

no additional response is required. The statement referenced in Paragraph 140 of the

Complaint is unsupported by Plaintiffs’ citations. Without waiving the foregoing objections,

Weeks Marine denies the allegations contained in Paragraph 140 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 140 of the Complaint as they

relate to all other Fresh Kills Defendants.

141. The documents identified or referenced in Paragraph 141 speak for themselves, and therefore

no additional response is required. The statement referenced in Paragraph 141 of the

Complaint is unsupported by Plaintiffs’ citations. Without waiving the foregoing objections,

Weeks Marine denies knowledge or information sufficient to form a belief as to the truth of

the allegations contained in Paragraph 141 of the Complaint as they relate to Weeks Marine.

Case 1:06-cv-15090-AKH Document 8 Filed 02/15/2008 Page 10 of 31
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Weeks Marine denies knowledge or information sufficient to form a belief as to the truth of

the allegations contained in Paragraph 141 of the Complaint as they relate to all other Fresh

Kills Defendants.

142. The document identified or referenced in Paragraph 142 speaks for itself, and therefore no

additional response is required. Without waiving the foregoing objection, Weeks Marine

denies the allegations contained in Paragraph 142 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in Paragraph 142 of the Complaint as they relate to all

other Fresh Kills Defendants.

143. The document identified or referenced in Paragraph 143 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 143 of the Complaint

is unsupported by Plaintiffs’ citations. Without waiving the foregoing objections, Weeks

Marine denies the allegations contained in Paragraph 143 of the Complaint as they relate to

Weeks Marine. Weeks Marine denies knowledge or information sufficient to form a belief

as to the truth of the allegations contained in Paragraph 143 of the Complaint as they relate

to all other Fresh Kills Defendants.

144. The document identified or referenced in Paragraph 144 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 144 of the Complaint

is unsupported by Plaintiffs’ citations. Without waiving the foregoing objections, Weeks

Marine denies the allegations contained in Paragraph 144 of the Complaint as they relate to

Weeks Marine. Weeks Marine denies knowledge or information sufficient to form a belief

as to the truth of the allegations contained in Paragraph 144 of the Complaint as they relate

to all other Fresh Kills Defendants.

Case 1:06-cv-15090-AKH Document 8 Filed 02/15/2008 Page 11 of 31
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145. The document identified or referenced in Paragraph 145 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 145 of the Complaint

is unsupported by Plaintiffs’ citations. Without waiving the foregoing objections, Weeks

Marine denies the allegations contained in Paragraph 145 of the Complaint as they relate to

Weeks Marine. Weeks Marine denies knowledge or information sufficient to form a belief

as to the truth of the allegations contained in Paragraph 145 of the Complaint as they relate

to all other Fresh Kills Defendants.

146. The document identified or referenced in Paragraph 146 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 146 of the Complaint

is unsupported by Plaintiffs’ citations. Without waiving the foregoing objections, Weeks

Marine denies the allegations contained in Paragraph 146 of the Complaint as they relate to

Weeks Marine. Weeks Marine denies knowledge or information sufficient to form a belief

as to the truth of the allegations contained in Paragraph 146 of the Complaint as they relate

to all other Fresh Kills Defendants.

147. The document identified or referenced in Paragraph 147 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 147 of the Complaint

is unsupported by Plaintiffs’ citations. Without waiving the foregoing objections, Weeks

Marine denies the allegations contained in Paragraph 147 of the Complaint as they relate to

Weeks Marine. Weeks Marine denies knowledge or information sufficient to form a belief

as to the truth of the allegations contained in Paragraph 147 of the Complaint as they relate

to all other Fresh Kills Defendants.

148. The document identified or referenced in Paragraph 148 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 148 of the Complaint

Case 1:06-cv-15090-AKH Document 8 Filed 02/15/2008 Page 12 of 31
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is unsupported by Plaintiffs’ citations. Without waiving the foregoing objections, Weeks

Marine denies the allegations contained in Paragraph 148 of the Complaint as they relate to

Weeks Marine. Weeks Marine denies knowledge or information sufficient to form a belief

as to the truth of the allegations contained in Paragraph 148 of the Complaint as they relate

to all other Fresh Kills Defendants.

149. The document identified or referenced in Paragraph 149 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 149 of the Complaint

is unsupported by Plaintiffs’ citations. Without waiving the foregoing objections, Weeks

Marine denies the allegations contained in Paragraph 149 of the Complaint as they relate to

Weeks Marine. Weeks Marine denies knowledge or information sufficient to form a belief

as to the truth of the allegations contained in Paragraph 149 of the Complaint as they relate

to all other Fresh Kills Defendants.

150. The documents identified or referenced in Paragraph 150 speak for themselves, and therefore

no additional response is required. The statements referenced in Paragraph 150 of the

Complaint are unsupported by Plaintiffs’ citations. Without waiving the foregoing

objections, Weeks Marine denies the allegations contained in Paragraph 150 of the

Complaint as they relate to Weeks Marine. Weeks Marine denies knowledge or information

sufficient to form a belief as to the truth of the allegations contained in Paragraph 150 of the

Complaint as they relate to all other Fresh Kills Defendants.

151. Weeks Marine denies the allegations contained in Paragraph 151 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 151 of the Complaint as they

relate to all other Fresh Kills Defendants.

Case 1:06-cv-15090-AKH Document 8 Filed 02/15/2008 Page 13 of 31
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152. The documents identified or referenced in Paragraph 152 speak for themselves, and therefore

no additional response is required. Without waiving the foregoing objection, Weeks Marine

denies the allegations contained in Paragraph 152 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in Paragraph 152 of the Complaint as they relate to all

other Fresh Kills Defendants.

153. The document identified or referenced in Paragraph 153 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 153 of the Complaint

is unsupported by Plaintiffs’ citations. Without waiving the foregoing objections, Weeks

Marine denies knowledge or information sufficient to form a belief as to the truth of the

allegations contained in Paragraph 153 of the Complaint as they relate to Weeks Marine.

Weeks Marine denies knowledge or information sufficient to form a belief as to the truth of

the allegations contained in Paragraph 153 of the Complaint as they relate to all other Fresh

Kills Defendants.

154. The document identified or referenced in Paragraph 154 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 154 of the Complaint

is unsupported by Plaintiffs’ citations. Furthermore, Paragraph 154 of the Complaint asserts

a legal conclusion to which no response is required. To the extent that it does not assert a

legal conclusion, which is denied, and without waiving the foregoing objections, Weeks

Marine denies the allegations contained in Paragraph 154 of the Complaint as they relate to

Weeks Marine. Weeks Marine denies knowledge or information sufficient to form a belief

as to the truth of the allegations contained in Paragraph 154 of the Complaint as they relate

to all other Fresh Kills Defendants.

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155. Paragraph 155 of the Complaint asserts a legal conclusion to which no response is required.

To the extent that it does not assert a legal conclusion, which is denied, Weeks Marine

denies the allegations contained in Paragraph 155 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in Paragraph 155 of the Complaint as they relate to all

other Fresh Kills Defendants.

156. Weeks Marine denies the allegations contained in Paragraph 156 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 156 of the Complaint as they

relate to all other Fresh Kills Defendants.

157. The documents identified or referenced in Paragraph 157 speaks for itself, and therefore no

additional response is required. Without waiving the foregoing objection, Weeks Marine

denies the allegations contained in Paragraph 157 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in Paragraph 157 of the Complaint as they relate to all

other Fresh Kills Defendants.

158. The document identified or referenced in Paragraph 158 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 158 of the Complaint

is unsupported by Plaintiffs’ citations. Furthermore, Paragraph 158 of the Complaint asserts

a legal conclusion to which no response is required. To the extent that it does not assert a

legal conclusion, which is denied, and without waiving the foregoing objections, Weeks

Marine denies the allegations contained in Paragraph 158 of the Complaint as they relate to

Weeks Marine. Weeks Marine denies knowledge or information sufficient to form a belief

Case 1:06-cv-15090-AKH Document 8 Filed 02/15/2008 Page 15 of 31
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as to the truth of the allegations contained in Paragraph 158 of the Complaint as they relate

to all other Fresh Kills Defendants.

159. The document identified or referenced in Paragraph 159 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 159 of the Complaint

is unsupported by Plaintiffs’ citations. Furthermore, Paragraph 159 of the Complaint asserts

a legal conclusion to which no response is required. To the extent that it does not assert a

legal conclusion, which is denied, and without waiving the foregoing objections, Weeks

Marine denies the allegations contained in Paragraph 159 of the Complaint as they relate to

Weeks Marine. Weeks Marine denies knowledge or information sufficient to form a belief

as to the truth of the allegations contained in Paragraph 159 of the Complaint as they relate

to all other Fresh Kills Defendants.

160. The statements referenced in Paragraph 160 of the Complaint are unsupported by Plaintiffs’

citations. Without waiving the foregoing objection, Weeks Marine denies knowledge or

information sufficient to form a belief as to the truth of the allegations contained in

Paragraph 160 of the Complaint as they relate to Weeks Marine. Weeks Marine denies

knowledge or information sufficient to form a belief as to the truth of the allegations

contained in Paragraph 160 of the Complaint as they relate to all other Fresh Kills

Defendants.

161. The statement referenced in Paragraph 161 of the Complaint is unsupported by Plaintiffs’

citations. Without waiving the foregoing objection, Weeks Marine denies knowledge or

information sufficient to form a belief as to the truth of the allegations contained in

Paragraph 161 of the Complaint as they relate to Weeks Marine. Weeks Marine denies

knowledge or information sufficient to form a belief as to the truth of the allegations

Case 1:06-cv-15090-AKH Document 8 Filed 02/15/2008 Page 16 of 31
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contained in Paragraph 161 of the Complaint as they relate to all other Fresh Kills

Defendants.

162. The statement referenced in Paragraph 162 of the Complaint is unsupported by Plaintiffs’

citations. Furthermore, Paragraph 162 of the Complaint asserts a legal conclusion to which

no response is required. To the extent that it does not assert a legal conclusion, which is

denied, and without waiving the foregoing objection, Weeks Marine denies the allegations

contained in Paragraph 162 of the Complaint as they relate to Weeks Marine. Weeks Marine

denies knowledge or information sufficient to form a belief as to the truth of the allegations

contained in Paragraph 162 of the Complaint as they relate to all other Fresh Kills

Defendants.

163. The statements referenced in Paragraph 163 of the Complaint are unsupported by Plaintiffs’

citations. Furthermore, Paragraph 163 of the Complaint asserts a legal conclusion to which

no response is required. To the extent that it does not assert a legal conclusion, which is

denied, and without waiving the foregoing objection, Weeks Marine denies the allegations

contained in Paragraph 163 of the Complaint as they relate to Weeks Marine. Weeks Marine

denies knowledge or information sufficient to form a belief as to the truth of the allegations

contained in Paragraph 163 of the Complaint as they relate to all other Fresh Kills

Defendants.

164. Paragraph 164 of the Complaint asserts a legal conclusion to which no response is required.

To the extent that it does not assert a legal conclusion, which is denied, Weeks Marine

denies the allegations contained in Paragraph 164 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

Case 1:06-cv-15090-AKH Document 8 Filed 02/15/2008 Page 17 of 31
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truth of the allegations contained in Paragraph 164 of the Complaint as they relate to all

other Fresh Kills Defendants.

165. The documents identified or referenced in Paragraph 165 speak for themselves, and therefore

no additional response is required. The statements referenced in Paragraph 165 of the

Complaint are unsupported by Plaintiffs’ citations. Furthermore, Paragraph 165 of the

Complaint asserts a legal conclusion to which no response is required. To the extent that it

does not assert a legal conclusion, which is denied, and without waiving the foregoing

objections, Weeks Marine denies the allegations contained in Paragraph 165 of the

Complaint as they relate to Weeks Marine. Weeks Marine denies knowledge or information

sufficient to form a belief as to the truth of the allegations contained in Paragraph 165 of the

Complaint as they relate to all other Fresh Kills Defendants.

166. Paragraph 166 of the Complaint asserts a legal conclusion to which no response is required.

To the extent that it does not assert a legal conclusion, which is denied, Weeks Marine

denies the allegations contained in Paragraph 166 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in Paragraph 166 of the Complaint as they relate to all

other Fresh Kills Defendants.

167. Paragraph 167 of the Complaint asserts a legal conclusion to which no response is required.

To the extent that it does not assert a legal conclusion, which is denied, Weeks Marine

denies the allegations contained in Paragraph 167 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in Paragraph 167 of the Complaint as they relate to all

other Fresh Kills Defendants.

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168. The documents identified or referenced in Paragraph 168 speak for themselves, and therefore

no additional response is required. The statement referenced in Paragraph 168 of the

Complaint is unsupported by Plaintiffs’ citations. Without waiving the foregoing objections,

Weeks Marine denies the allegations contained in Paragraph 168 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 168 of the Complaint as they

relate to all other Fresh Kills Defendants.

169. Paragraph 169 of the Complaint asserts a legal conclusion to which no response is required.

To the extent that it does not assert a legal conclusion, which is denied, Weeks Marine

denies the allegations contained in Paragraph 169 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in Paragraph 169 of the Complaint as they relate to all

other Fresh Kills Defendants.

170. Paragraph 170 of the Complaint asserts a legal conclusion to which no response is required.

To the extent that it does not assert a legal conclusion, which is denied, Weeks Marine

denies the allegations contained in Paragraph 170 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in Paragraph 170 of the Complaint as they relate to all

other Fresh Kills Defendants.

171. Weeks Marine denies the allegations contained in Paragraph 171 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 171 of the Complaint as they

relate to all other Fresh Kills Defendants.

Case 1:06-cv-15090-AKH Document 8 Filed 02/15/2008 Page 19 of 31
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172. The documents identified or referenced in Paragraph 172 speak for themselves, and therefore

no additional response is required. Without waiving the foregoing objection, Weeks Marine

denies knowledge or information sufficient to form a belief as to the truth of the allegations

contained in Paragraph 172 of the Complaint as they relate to Weeks Marine. Weeks Marine

denies knowledge or information sufficient to form a belief as to the truth of the allegations

contained in Paragraph 172 of the Complaint as they relate to all other Fresh Kills

Defendants.

173. The document identified or referenced in Paragraph 173 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 173 of the Complaint

is unsupported by Plaintiffs’ citations. Without waiving the foregoing objections, Weeks

Marine denies knowledge or information sufficient to form a belief as to the truth of the

allegations contained in Paragraph 173 of the Complaint as they relate to Weeks Marine.

Weeks Marine denies knowledge or information sufficient to form a belief as to the truth of

the allegations contained in Paragraph 173 of the Complaint as they relate to all other Fresh

Kills Defendants.

174. Weeks Marine denies the allegations contained in Paragraph 174 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 174 of the Complaint as they

relate to all other Fresh Kills Defendants.

175. Weeks Marine denies the allegations contained in Paragraph 175 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 175 of the Complaint as they

relate to all other Fresh Kills Defendants.

Case 1:06-cv-15090-AKH Document 8 Filed 02/15/2008 Page 20 of 31
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176. Weeks Marine denies the allegations contained in Paragraph 176 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 176 of the Complaint as they

relate to all other Fresh Kills Defendants.

177. Weeks Marine denies knowledge or information sufficient to form a belief as to the truth

of the allegations contained in Paragraph 177 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in Paragraph 177 of the Complaint as they relate to all

other Fresh Kills Defendants.

178. Weeks Marine denies the allegations contained in Paragraph 178 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 178 of the Complaint as they

relate to all other Fresh Kills Defendants.

179. Weeks Marine denies the allegations contained in Paragraph 179 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 179 of the Complaint as they

relate to all other Fresh Kills Defendants.

180. Weeks Marine denies the allegations contained in Paragraph 180 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 180 of the Complaint as they

relate to all other Fresh Kills Defendants.

181. Weeks Marine denies knowledge or information sufficient to form a belief as to the truth

of the allegations contained in Paragraph 181 of the Complaint as they relate to Weeks

Case 1:06-cv-15090-AKH Document 8 Filed 02/15/2008 Page 21 of 31
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Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in Paragraph 181 of the Complaint as they relate to all

other Fresh Kills Defendants.

182. Weeks Marine denies the allegations contained in Paragraph 182 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 182 of the Complaint as they

relate to all other Fresh Kills Defendants.

183. Paragraph 183 of the Complaint asserts a legal conclusion to which no response is required.

To the extent that it does not assert a legal conclusion, which is denied, Weeks Marine

denies the allegations contained in Paragraph 183 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in Paragraph 183 of the Complaint as they relate to all

other Fresh Kills Defendants.

184. Paragraph 184 of the Complaint asserts a legal conclusion to which no response is required.

To the extent that it does not assert a legal conclusion, which is denied, Weeks Marine

denies the allegations contained in Paragraph 184 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in Paragraph 184 of the Complaint as they relate to all

other Fresh Kills Defendants.

185. Paragraph 185 of the Complaint asserts a legal conclusion to which no response is required.

To the extent that it does not assert a legal conclusion, which is denied, Weeks Marine

denies the allegations contained in Paragraph 185 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

Case 1:06-cv-15090-AKH Document 8 Filed 02/15/2008 Page 22 of 31
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truth of the allegations contained in Paragraph 185 of the Complaint as they relate to all

other Fresh Kills Defendants.

186. Paragraph 186 of the Complaint asserts a legal conclusion to which no response is required.

To the extent that it does not assert a legal conclusion, which is denied, Weeks Marine

denies the allegations contained in Paragraph 186 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in Paragraph 186 of the Complaint as they relate to all

other Fresh Kills Defendants.

187. Paragraph 187 of the Complaint asserts a legal conclusion to which no response is required.

To the extent that it does not assert a legal conclusion, which is denied, Weeks Marine

denies the allegations contained in Paragraph 187 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in Paragraph 187 of the Complaint as they relate to all

other Fresh Kills Defendants.

188. Paragraph 188 of the Complaint asserts a legal conclusion to which no response is required.

To the extent that it does not assert a legal conclusion, which is denied, Weeks Marine

denies the allegations contained in Paragraph 188 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in Paragraph 188 of the Complaint as they relate to all

other Fresh Kills Defendants.

189. The document identified or referenced in Paragraph 189 speaks for itself, and therefore no

additional response is required. Furthermore, Paragraph 189 of the Complaint asserts a legal

conclusion to which no response is required. To the extent that it does not assert a legal

Case 1:06-cv-15090-AKH Document 8 Filed 02/15/2008 Page 23 of 31
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conclusion, which is denied, and without waiving the foregoing objection, Weeks Marine

denies the allegations contained in Paragraph 189 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in Paragraph 189 of the Complaint as they relate to all

other Fresh Kills Defendants.

190. Paragraph 190 of the Complaint asserts a legal conclusion to which no response is required.

To the extent that it does not assert a legal conclusion, which is denied, Weeks Marine

denies the allegations contained in Paragraph 190 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in Paragraph 190 of the Complaint as they relate to all

other Fresh Kills Defendants.

191. Weeks Marine denies the allegations contained in Paragraph 191 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 191 of the Complaint as they

relate to all other Fresh Kills Defendants.

192. The document identified or referenced in Paragraph 192 speaks for itself, and therefore no

additional response is required. Without waiving the foregoing objection, Weeks Marine

denies the allegations contained in Paragraph 192 of the Complaint as they relate to Weeks

Marine. Weeks Marine denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in Paragraph 192 of the Complaint as they relate to all

other Fresh Kills Defendants.

193. Weeks Marine denies the allegations contained in Paragraph 193 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

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a belief as to the truth of the allegations contained in Paragraph 193 of the Complaint as they

relate to all other Fresh Kills Defendants.

194. Weeks Marine denies the allegations contained in Paragraph 194 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 194 of the Complaint as they

relate to all other Fresh Kills Defendants.

195. Weeks Marine denies the allegations contained in Paragraph 195 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 195 of the Complaint as they

relate to all other Fresh Kills Defendants.

196. Weeks Marine denies the allegations contained in Paragraph 196 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 196 of the Complaint as they

relate to all other Fresh Kills Defendants.

** ***

201. Weeks Marine denies the allegations contained in Paragraph 201 of the Complaint.

*****

209. Weeks Marine denies the allegations contained in Paragraph 209 of the Complaint as they

relate to Weeks Marine, except affirmatively asserts that it assisted in the debris removal

operations in the aftermath of the 9/11 terrorist attacks, in a restricted and defined location,

limited in area and scope, under the control and direction of the City of New York and other

authorities. Weeks Marine denies knowledge or information sufficient to form a belief as

Case 1:06-cv-15090-AKH Document 8 Filed 02/15/2008 Page 25 of 31
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to the truth of the allegations contained in Paragraph 209 of the Complaint as they relate to

all other Fresh Kills Defendants.

210. Weeks Marine denies the allegations contained in Paragraph 210 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 210 of the Complaint as they

relate to all other Fresh Kills Defendants.

211. Weeks Marine denies the allegations contained in Paragraph 211 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 211 of the Complaint as they

relate to all other Fresh Kills Defendants.

212. Weeks Marine denies the allegations contained in Paragraph 212 of the Complaint as they

relate to Weeks Marine. Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 212 of the Complaint as they

relate to all other Fresh Kills Defendants.

ANSWER TO SHORT FORM COMPLAINT

Defendant Weeks Marine, indicated by Plaintiff(s) in “Section I.B.” of the Short Form

Complaint, by its attorneys, Betancourt Van Hemmen, Greco & Kenyon LLC, answer the Short

Form Complaint herein upon information and belief as follows:

I. PARTIES

A. Plaintiff(s)

1. Defendant Weeks Marine denies knowledge or information sufficient to form a belief as to

the truth of allegations “1” through “6” of Section “I.A.” of the Short Form Complaint.

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B. Defendant(s)

2. Defendant Weeks Marine admits that what purports to be a list of all Defendant(s) named

in the Master Complaint is in fact such a list. Defendant Weeks Marine denies that the

allegations contained in the Master Complaint are properly directed to Defendant Weeks

Marine indicated by Plaintiff(s) in Section “I.B.” of the Short Form Complaint.

II. JURISDICTION

3. Defendant Weeks Marine admits that jurisdiction is proper under the Air Transportation

Safety and System Stabilization Act of 2001 as alleged in “Section II,” but denies that this

is the only basis for federal jurisdiction.

III. CAUSES OF ACTION

4. Defendant Weeks Marine admits that Plaintiff(s) is/are pursuing allegations based on the

indicated causes of action in Section “III” of the Short Form Complaint. Defendant Weeks

Marine denies these allegations.

IV. CAUSATION, INJURY AND DAMAGES

5. Defendant Weeks Marine denies the allegations contained in Section “IV” of the Short Form

Complaint.

V. AFFIRMATIVE DEFENSES

6. Defendant Weeks Marine hereby adopts all affirmative defenses asserted in the Master

Answer as if set forth in full herein and also asserts the following Supplemental Affirmative

Defenses:

7. Plaintiff(s) is not a seaman under the Jones Act, 46 U.S.C. §30104 et seq.

8. Plaintiff(s) was not employed by Weeks Marine and otherwise had no employment

connection to any vessel owned and/or operated by Weeks Marine. 

Case 1:06-cv-15090-AKH Document 8 Filed 02/15/2008 Page 27 of 31
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9. Plaintiff(s) negligently breached his primary duties with respect to the events giving rise to

this lawsuit causing his alleged injuries.

10. Defendant Weeks Marine’s liability, if any, is limited pursuant to the provisions of the

Limitation of Shipowner’s Liability Act, 46 U.S.C. §181 et seq.

11. Service of process of the Amended Master Complaint Against Contractor Defendants, and

of the Summons and Check-Off (“Short Form”) Complaint Related To The Master

Complaint on defendant Weeks Marine was insufficient.

12. This Court lacks jurisdiction over Weeks Marine by reason of insufficiency of process and

Weeks Marine reserves the right to move at or before trial for dismissal of the Amended

Master Complaint Against Contractor Defendants on the grounds of lack of jurisdiction

because of insufficiency of process and/or service.

JONES ACT “RIDER”

13. The allegations contained in the first unnumbered Paragraph of the “RIDER” to the Short

Form Complaint concerning jurisdiction are conclusions of law properly resolvable by the

Court. To the extent they are not conclusions of law, they are denied.

14. Weeks Marine denies knowledge or information sufficient to form a belief as to the truth of

the allegations contained in the second, third and fourth unnumbered Paragraphs of the

“RIDER” to the Short Form Complaint concerning “barges,” except admits that Weeks

Marine owned and/or operated certain barges at certain times.

15. Weeks Marine denies the allegations contained in the fifth, sixth and seventh unnumbered

Paragraphs of the “Rider” to the Short Form Complaint. 

Case 1:06-cv-15090-AKH Document 8 Filed 02/15/2008 Page 28 of 31
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WHEREFORE, defendant Weeks Marine demands judgment dismissing the Master

Complaint and the Short Form Complaint as against it, together with costs, including attorneys’ fees,

and for such other, further and different relief as the Court may deem just and proper. 

Dated: New York, New York

February 14, 2008

BETANCOURT, VAN HEMMEN, GRECO & KENYON LLC

Attorneys for Defendant WEEKS MARINE, INC.

 By /S/ Ronald Betancourt 

Ronald Betancourt (RB 5838)

46 Trinity Place

New York, New York 10006

(212) 297-0050

Case 1:06-cv-15090-AKH Document 8 Filed 02/15/2008 Page 29 of 31
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To: WORBY GRONER EDELMAN & NAPOLI BERN, LLP

Paul J. Napoli, Esq.

Attorneys for Plaintiffs and

Plaintiffs’ Liaison Counsel

115 Broadway, 12th Floor

New York, New York 10006

(212) 267-3700

SULLIVAN PAPAIN BLOCK MCGRATH & CANNAVO, P.C.

Andrew J. Carboy, Esq.

Plaintiffs’ Liaison Counsel

120 Broadway, 18th Floor

New York, New York 10271

(212) 732-9000

PATTON BOGGS, LLP

James E. Tyrrell, Jr., Esq.

Joseph E. Hopkins, Esq.

Defendants’ Liaison Counsel

The Legal Center

One Riverfront Plaza

Newark, New Jersey 07102

(937) 848-5600

FLEMMING ZULACK WILLIAMSON & ZAUDERER, LLP

Richard A. Williamson, Esq.

Defendants’ Liaison Counsel

One Liberty Plaza

New York, New York 10006-1404

(212) 412-9500

SCHIFF HARDIN, LLP

Beth D. Jacob, Esq.

Defendants’ Liaison Counsel

900 Third Avenue

New York, New York 10022

(212) 753-5000

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