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

WILLIAM POWELL and LINDA POWELL,

 Plaintiffs,

v.

A RUSSO WRECKING, ET. AL.,

SEE ATTACHED RIDER,

Defendants.

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21 MC 100 (AKH)

Case No.: 06-cv-14980 (AKH)

WEEKS MARINE, INC.’S

NOTICE OF ADOPTION

OF MASTER ANSWER

(CONTRACTOR 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 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, the MASTER ANSWER TO THE AMENDED MASTER COMPLAINT AGAINST 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-14980-AKH Document 7 Filed 02/15/2008 Page 1 of 35
*

 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: 

1151. The document identified or referenced in Paragraph 1151 speaks for itself, and therefore no

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

allegations contained in Paragraph 1151 of the Complaint as they relate to Weeks Marine,

except affirmatively asserts that Weeks Marine 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 1151 of the Complaint as they relate to all other

Contractor defendants.

1152. The documents identified or referenced in Paragraph 1152 speak for themselves, and

therefore no additional response is required. Without waiving this objection, Weeks Marine

denies the allegations contained in Paragraph 1152 of the Complaint as they relate to Weeks

Marine, except affirmatively asserts that Weeks Marine responded to the disaster at the City

of New York’s request for emergency assistance on or after September 11, 2001 under the

control and direction of the City of New York and other authorities at the WTC Site. Weeks

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

allegations contained in Paragraph 1152 of the Complaint as they relate to all other

Contractor defendants.

Case 1:06-cv-14980-AKH Document 7 Filed 02/15/2008 Page 2 of 35
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1153. The documents identified or referenced in Paragraph 1153 speak for themselves, and

therefore no additional response is required. Without waiving this objection, Weeks Marine

denies the allegations contained in Paragraph 1153 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 1153 of the Complaint as they relate to all

other Contractor defendants.

1154. Weeks Marine denies the allegations contained in Paragraph 1154 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 1154 of the Complaint as

they relate to all other Contractor defendants.

1155. Weeks Marine denies the allegations contained in Paragraph 1155 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 1155 of the Complaint as

they relate to all other Contractor defendants.

1156. Weeks Marine denies knowledge or information sufficient to form a belief as to the truth of

the allegations contained in Paragraph 1156 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 1156 of the Complaint as they relate to all

other Contractor defendants.

1157. The documents identified or referenced in Paragraph 1157 speak for themselves, and

therefore no additional response is required. Without waiving this objection, Weeks Marine

denies the allegations contained in Paragraph 1157 of the Complaint as they relate to Weeks

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

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truth of the allegations contained in Paragraph 1157 of the Complaint as they relate to all

other Contractor defendants, including the entities described as the “Four Prime General

Contractors.”

1158. Weeks Marine denies knowledge or information sufficient to form a belief as to the truth of

the allegations contained in Paragraph 1158 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 1158 of the Complaint as they relate to all

other Contractor defendants.

1159. The documents identified or referenced in Paragraph 1159 speak for themselves, and

therefore no additional response is required. Without waiving this objection, Weeks Marine

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

contained in Paragraph 1159 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 1159 of the Complaint as they relate to all other

Contractor defendants.

1160. The documents identified or referenced in Paragraph 1160 speak for themselves, and

therefore no additional response is required. Without waiving this objection, Weeks Marine

denies the allegations contained in Paragraph 1160 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 1160 of the Complaint as they relate to all

other Contractor defendants.

1161. The documents identified or referenced in Paragraph 1161 speak for themselves, and

therefore no additional response is required. Furthermore, Paragraph 1161 of the Complaint

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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 1161 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 1161 of the Complaint as

they relate to all other Contractor defendants.

1162. The documents identified or referenced in Paragraph 1162 speak for themselves, and

therefore no additional response is required. Furthermore, Paragraph 1162 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 1162 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 1162 of the Complaint as

they relate to all other Contractor defendants.

1163. The documents identified or referenced in Paragraph 1163 speak for themselves, and

therefore no additional response is required. Furthermore, Paragraph 1163 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 1163 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 1163 of the Complaint as

they relate to all other Contractor defendants.

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1164. Paragraph 1164 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 1164 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 1164 of the Complaint as they relate to all

other Contractor defendants.

1165. The document identified or referenced in Paragraph 1165 speaks for itself, and therefore no

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

allegations contained in Paragraph 1165 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 1165 of the Complaint as they relate to all other

Contractor defendants.

1166. The document identified or referenced in the third sentence of Paragraph 1166 speaks for

itself, and therefore no additional response is required. The statement referenced in

Paragraph 1166 of the Complaint is unsupported by Plaintiffs’ first two citations. Without

waiving these objections, Weeks Marine denies knowledge or information sufficient to form

a belief as to the truth of the allegations contained in Paragraph 1166 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 1166 of the Complaint

as they relate to all other Contractor defendants.

1167. The documents identified or referenced in Paragraph 1167 speak for themselves, and

therefore no additional response is required. The statement referenced in Paragraph 1167

of the Complaint is unsupported by Plaintiff’s citations. Without waiving these objections,

Case 1:06-cv-14980-AKH Document 7 Filed 02/15/2008 Page 6 of 35
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Weeks Marine denies the allegations contained in Paragraph 1167 of the Complaint as they

relate to Weeks Marine, except for the third sentence, where the document identified or

referenced speaks for itself, and therefore no additional response is required. Weeks Marine

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

contained in Paragraph 1167 of the Complaint as they relate to all other Contractor

defendants.

1168. Paragraph 1168 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 1168 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 1168 of the Complaint as they relate to all

other Contractor defendants.

1169. The documents identified or referenced in Paragraph 1169 speak for themselves, and

therefore no additional response is required. Furthermore, Paragraph 1169 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 knowledge or information sufficient to form a belief as to the truth of

the allegations contained in Paragraph 1169 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 1169 of the Complaint as they relate to all

other Contractor defendants.

1170. The documents identified or referenced in Paragraph 1170 speak for themselves, and

therefore no additional response is required. The statement referenced in Paragraph 1170

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of the Complaint is unsupported by Plaintiffs’ citations. Furthermore, Paragraph 1170 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 knowledge or information sufficient to form a belief as to

the truth of the allegations contained in Paragraph 1170 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 1170 of the Complaint as they relate

to all other Contractor defendants, including the entities described as the “Four Prime

General Contractors.”

1171. The document identified or referenced in Paragraph 1171 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 1171 of the

Complaint is unsupported by Plaintiffs’ citations with respect to Weeks Marine.

Furthermore, Paragraph 1171 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 knowledge or

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

Paragraph 1171 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 1171 of the Complaint as they relate to all other Contractor

defendants, including the entities described as the “Four Prime General Contractors.”

1172. The document identified or referenced in Paragraph 1172 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 1172 of the

Complaint is unsupported by Plaintiffs’ citations with respect to the Weeks Marine.

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Furthermore, Paragraph 1172 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 1172 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 1172 of the Complaint as they relate to all other

Contractor defendants, including the entities described as the “Four Prime General

Contractors.”

1173. The document identified or referenced in Paragraph 1173 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 1173 of the

Complaint is unsupported by Plaintiffs’ citations. Furthermore, Paragraph 1173 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 1173 of the

Complaint as they relate to Weeks Marine, except affirmatively asserts that Weeks Marine

had no responsibility to enforce OSHA rules and regulations with respect to persons who

were not Weeks Marine employees or in areas where those rules and regulations did not

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

truth of the allegations contained in Paragraph 1173 of the Complaint as they relate to all

other Contractor defendants, including the entities described as the “Four Prime General

Contractors.”

1174. The document identified or referenced in Paragraph 1174 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 1174 of the

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Complaint is unsupported by Plaintiffs’ citations. Furthermore, Paragraph 1174 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 1174 of the

Complaint as they relate to Weeks Marine, except affirmatively asserts that Weeks Marine

had no responsibility to enforce OSHA rules and regulations with respect to persons who

were not Weeks Marine employees or in areas where those rules and regulations did not

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

truth of the allegations contained in Paragraph 1174 of the Complaint as they relate to all

other Contractor defendants, including the entities described as the “Four Prime General

Contractors.”

1175. The document identified or referenced in Paragraph 1175 speaks for itself, and therefore no

additional response is required. Furthermore, Paragraph 1175 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 1175 of the Complaint as they relate

to Weeks Marine, except affirmatively asserts that Weeks Marine had no responsibility to

enforce OSHA rules and regulations with respect to persons who were not Weeks Marine

employees or in areas where those rules and regulations did not apply. Weeks Marine denies

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

contained in Paragraph 1175 of the Complaint as they relate to all other Contractor

defendants.

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1176. The document identified or referenced in Paragraph 1176 speaks for itself, and therefore no

additional response is required. Furthermore, Paragraph 1176 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 1176 of the Complaint as they relate

to Weeks Marine, except affirmatively asserts that Weeks Marine had no responsibility to

enforce OSHA rules and regulations with respect to persons who were not Weeks Marine

employees or in areas where those rules and regulations did not apply. Weeks Marine denies

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

contained in Paragraph 1176 of the Complaint as they relate to all other Contractor

defendants.

1177. The document identified or referenced in Paragraph 1177 speaks for itself, and therefore no

additional response is required. Furthermore, Paragraph 1177 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 1177 of the Complaint as they relate

to Weeks Marine, except affirmatively asserts that Weeks Marine had no responsibility to

enforce OSHA rules and regulations with respect to persons who were not Weeks Marine

employees or in areas where those rules and regulations did not apply. Weeks Marine denies

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

contained in Paragraph 1177 of the Complaint as they relate to all other Contractor

defendants.

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1178. The document identified or referenced in Paragraph 1178 speaks for itself, and therefore no

additional response is required. Furthermore, Paragraph 1178 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 1178 of the Complaint as they relate

to Weeks Marine, except affirmatively asserts that Weeks Marine had no responsibility to

enforce OSHA rules and regulations with respect to persons who were not Weeks Marine

employees or in areas where those rules and regulations did not apply. Weeks Marine denies

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

contained in Paragraph 1178 of the Complaint as they relate to all other Contractor

defendants.

1179. The document identified or referenced in Paragraph 1179 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 1179 of the

Complaint is unsupported by Plaintiffs’ citations. Furthermore, Paragraph 1179 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 1179 of the

Complaint as they relate to Weeks Marine, except affirmatively asserts that Weeks Marine

had no responsibility to enforce OSHA rules and regulations with respect to persons who

were not Weeks Marine employees or in areas where those rules and regulations did not

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

truth of the allegations contained in Paragraph 1179 of the Complaint as they relate to all

other Contractor defendants, including the entities described as the “Prime Contractors.”

Case 1:06-cv-14980-AKH Document 7 Filed 02/15/2008 Page 12 of 35
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1180. The document identified or referenced in Paragraph 1180 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 1180 of the

Complaint is unsupported by Plaintiffs’ citations. Furthermore, Paragraph 1180 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 1180 of the

Complaint as they relate to Weeks Marine, except affirmatively asserts that Weeks Marine

had no responsibility to enforce OSHA rules and regulations with respect to persons who

were not Weeks Marine employees or in areas where those rules and regulations did not

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

truth of the allegations contained in Paragraph 1180 of the Complaint as they relate to all

other Contractor defendants.

1181. The documents identified or referenced in Paragraph 1181 speak for themselves, and

therefore no additional response is required. The statement referenced in Paragraph 1181

of the Complaint is unsupported by Plaintiffs’ citations with respect to Weeks Marine, as all

citations reference transcripts of “Prime Contractor” personnel. Furthermore, Paragraph

1181 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 1181 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 1181 of the Complaint as they relate to all other Contractor defendants.

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1182. The documents identified or referenced in Paragraph 1182 speak for themselves, and

therefore no additional response is required. The statement referenced in Paragraph 1182

of the Complaint is unsupported by Plaintiffs’ first citation with respect to Weeks Marine.

Furthermore, Paragraph 1182 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 1182 of the Complaint as they relate to Weeks Marine, except

affirmatively asserts that Weeks Marine had no responsibility to enforce OSHA rules and

regulations with respect to persons who were not Weeks Marine employees or in areas where

those rules and regulations did not apply. Weeks Marine denies knowledge or information

sufficient to form a belief as to the truth of the allegations contained in Paragraph 1182 of

the Complaint as they relate to all other Contractor defendants, including the entities

described as the “Prime Contractors.”

1183. The document identified or referenced in Paragraph 1183 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 1183 of the

Complaint is unsupported by Plaintiffs’ citations. Without waiving these objections, Weeks

Marine denies the allegations contained in Paragraph 1183 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 1183 of the Complaint as they

relate to all other Contractor defendants.

1184. The document identified or referenced in Paragraph 1184 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 1184 of the

Complaint is unsupported by Plaintiffs’ citation with respect to Weeks Marine. Furthermore,

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Paragraph 1184 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 1184

of the Complaint as they relate to Weeks Marine, except affirmatively asserts that Weeks

Marine had no responsibility to enforce OSHA rules and regulations with respect to persons

who were not Weeks Marine employees or in areas where those rules and regulations did not

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

truth of the allegations contained in Paragraph 1184 of the Complaint as they relate to all

other Contractor defendants.

1185. The document identified or referenced in Paragraph 1185 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 1185 of the

Complaint is unsupported by Plaintiffs’ citations. Without waiving these objections, Weeks

Marine denies the allegations contained in Paragraph 1185 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 1185 of the Complaint as they

relate to all other Contractor defendants.

1186. The documents identified or referenced in Paragraph 1186 speak for themselves, and

therefore no additional response is required. The statement referenced in Paragraph 1186

of the Complaint is unsupported by Plaintiffs’ citation with respect to Weeks Marine, as all

citations reference transcripts of Prime Contractor personnel. Furthermore, Paragraph 1186

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 1186 of the

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Complaint as they relate to Weeks Marine, except affirmatively asserts that Weeks Marine

had no responsibility to enforce OSHA rules and regulations with respect to persons who

were not Weeks Marine employees or in areas where those rules and regulations did not

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

truth of the allegations contained in Paragraph 1186 of the Complaint as they relate to all

other Contractor defendants.

1187. The documents identified or referenced in Paragraph 1187 speak for themselves, and

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

Weeks Marine denies the allegations contained in Paragraph 1187 of the Complaint as they

relate to Weeks Marine, and affirmatively asserts that FEMA had and exercised independent

authority over which Weeks Marine had no control. Weeks Marine denies knowledge or

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

Paragraph 1187 of the Complaint as they relate to all other Contractor defendants.

1188. The documents identified or referenced in Paragraph 1188 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 1188 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 1188 of the Complaint as they relate to all

other Contractor defendants.

1189. Weeks Marine denies the allegations contained in Paragraph 1189 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 1189 of the Complaint as

they relate to all other Contractor defendants.

1190. The documents identified or referenced in Paragraph 1190 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 1190 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 1190 of the Complaint as they relate to all

other Contractor defendants.

1191. The documents identified or referenced in Paragraph 1191 speak for themselves, and

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

Weeks Marine denies the allegations contained in Paragraph 1191 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 1191 of the Complaint as

they relate to all other Contractor defendants.

1192. The document identified or referenced in Paragraph 1192 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 1192 of the

complaint is unsupported by Plaintiffs’ citation. 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 1192 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 1192 of the Complaint as they relate to all

other Contractor defendants.

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1193. Weeks Marine denies knowledge or information sufficient to form a belief as to the truth of

the allegations contained in Paragraph 1193 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 1193 of the Complaint as they relate to all

other Contractor defendants.

1194. The documents identified or referenced in Paragraph 1194 speak for themselves, and

therefore no additional response is required. The statement referenced in Paragraph 1194

of the Complaint is unsupported by Plaintiffs’ citation. Furthermore, Paragraph 1194 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 1194 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 1194 of

the Complaint as they relate to all other Contractor defendants or as they relate to the

referenced “other defendants.”

1195. The documents identified or referenced in Paragraph 1195 speak for themselves, and

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

Weeks Marine denies the allegations contained in Paragraph 1195 of the Complaint as they

relate to Weeks Marine, except affirmatively asserts that Weeks Marine had no responsibility

to enforce OSHA rules and regulations with respect to persons who were not Weeks Marine

employees or in areas where those rules and regulations did not apply. Weeks Marine denies

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

Case 1:06-cv-14980-AKH Document 7 Filed 02/15/2008 Page 18 of 35
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contained in Paragraph 1195 of the Complaint as they relate to all other Contractor

defendants.

1196. The documents identified or referenced in Paragraph 1196 speak for themselves, and

therefore no additional response is required. The statement referenced in Paragraph 1196

of the Complaint is unsupported by Plaintiffs’ citation. Without waiving the foregoing

objections, Weeks Marine denies the allegations contained in Paragraph 1196 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 1196 of

the Complaint as they relate to all other Contractor defendants.

1197. The documents identified or referenced in Paragraph 1197 speak for themselves, and

therefore no additional response is required. The statement referenced in Paragraph 1197

of the Complaint is unsupported by Plaintiffs’ citation. Without waiving the foregoing

objections, Weeks Marine denies the allegations contained in Paragraph 1197 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 1197 of

the Complaint as they relate to all other Contractor defendants.

1198. The documents identified or referenced in Paragraph 1198 speak for themselves, and

therefore no additional response is required. The statement referenced in Paragraph 1198

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

objections, Weeks Marine denies the allegations contained in Paragraph 1198 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 1198 of

the Complaint as they relate to all other Contractor defendants.

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1199. The documents identified or referenced in Paragraph 1199 speak for themselves, and

therefore no additional response is required. The statement referenced in Paragraph 1199

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

objections, Weeks Marine denies the allegations contained in Paragraph 1199 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 1199 of

the Complaint as they relate to all other Contractor defendants.

1200. The documents identified or referenced in Paragraph 1200 speak for themselves, and

therefore no additional response is required. The statement referenced in Paragraph 1200

of the Complaint is unsupported by Plaintiffs’ citations. Furthermore, Paragraph 1200 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 1200 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 1200 of

the Complaint as they relate to all other Contractor defendants.

1201. The documents identified or referenced in Paragraph 1201 speak for themselves, and

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

Weeks Marine denies the allegations contained in Paragraph 1201 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 1201 of the Complaint as

they relate to all other Contractor defendants or as they relate to the City of New York.

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1202. The documents identified or referenced in Paragraph 1202 speak for themselves, and

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

Weeks Marine denies the allegations contained in Paragraph 1202 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 1202 of the Complaint as

they relate to all other Contractor defendants.

1203. The documents identified or referenced in Paragraph 1203 speak for themselves, and

therefore no additional response is required. The statement referenced in Paragraph 1203

of the Complaint is unsupported by Plaintiffs’ citations with respect to Weeks Marine.

Without waiving the foregoing objections, Weeks Marine denies the allegations contained

in Paragraph 1203 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 1203 of the Complaint as they relate to all other Contractor

defendants or as they relate to the City of New York.

1204. The documents identified or referenced in Paragraph 1204 speak for themselves, and

therefore no additional response is required. The statement referenced in Paragraph 1204

of the Complaint is unsupported by Plaintiffs’ citations with respect to Weeks Marine.

Without waiving the foregoing objections, Weeks Marine denies the allegations contained

in Paragraph 1204 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 1204 of the Complaint as they relate to all other Contractor

defendants or as they relate to the “Four Prime General Contractors.”

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1205. The documents identified or referenced in Paragraph 1205 speak for themselves, and

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

Weeks Marine denies the allegations contained in Paragraph 1205 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 1205 of the Complaint as

they relate to all other Contractor defendants.

1206. The document identified or referenced in Paragraph 1206 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 1206 of the

Complaint is unsupported by Plaintiffs’ citations with respect to Weeks Marine. Without

waiving the foregoing objections, Weeks Marine denies the allegations contained in

Paragraph 1206 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 1206 of the Complaint as they relate to all other Contractor

defendants.

1207. The statement referenced in Paragraph 1207 of the Complaint is unsupported by Plaintiffs’

citations with respect to Weeks Marine. Without waiving the foregoing objection, Weeks

Marine denies the allegations contained in Paragraph 1207 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 1207 of the Complaint as they

relate to all other Contractor defendants or as they relate to the “Four Prime General

Contractors.”

1208. The document identified or referenced in Paragraph 1208 speaks for itself, and therefore no

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

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denies the allegations contained in Paragraph 1208 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 1208 of the Complaint as they relate to all

other Contractor defendants or as they relate to “all other defendants.”

1209. The document identified or referenced in Paragraph 1209 speaks for itself, and therefore no

additional response is required. Furthermore, Paragraph 1209 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 1209 of the Complaint as they relate

to Weeks Marine, except affirmatively asserts that Weeks Marine had no responsibility to

enforce OSHA rules and regulations with respect to persons who were not Weeks Marine

employees or in areas where those rules and regulations did not apply. Weeks Marine denies

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

contained in Paragraph 1209 of the Complaint as they relate to all other Contractor

defendants.

1210. Weeks Marine denies the allegations contained in Paragraph 1210 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 1210 of the Complaint as

they relate to all other Contractor defendants.

1211. The documents identified or referenced in Paragraph 1211 speak for themselves, and

therefore no additional response is required. The statement referenced in Paragraph 1211

of the Complaint is unsupported by Plaintiffs’ citations with respect to Weeks Marine.

Without waiving the foregoing objections, Weeks Marine denies the allegations contained

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in Paragraph 1211 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 1211 of the Complaint as they relate to all other Contractor

defendants.

1212. Weeks Marine denies knowledge or information sufficient to form a belief as to the truth of

the allegations contained in Paragraph 1212 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 1212 of the Complaint as they relate to all

other Contractor defendants.

1213. Weeks Marine denies the allegations contained in Paragraph 1213 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 1213 of the Complaint as

they relate to all other Contractor defendants.

1214. The documents identified or referenced in Paragraph 1214 speak for themselves, and

therefore no additional response is required. The statement referenced in Paragraph 1214

of the Complaint is unsupported by Plaintiffs’ citations with respect to Weeks Marine.

Without waiving the foregoing objections, Weeks Marine denies the allegations contained

in Paragraph 1214 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 1214 of the Complaint as they relate to all other Contractor

defendants.

1215. Paragraph 1215 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

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denies the allegations contained in Paragraph 1215 of the Complaint as they relate to Weeks

Marine, except affirmatively asserts that Weeks Marine had no responsibility to enforce the

New York State Labor Law, OSHA rules and regulations, and the New York State Industrial

Code with respect to persons who were not Weeks Marine employees and/or in areas where

those laws, rules and regulations did not apply. Weeks Marine denies knowledge or

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

Paragraph 1215 of the Complaint as they relate to all other Contractor defendants.

1216. Paragraph 1216 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 1216 of the Complaint as they relate to Weeks

Marine, except affirmatively asserts that Weeks Marine had no responsibility to enforce the

New York State Industrial Code in areas where those laws, rules and regulations did not

apply, and also affirmatively asserts that the DDC, along with other federal, state, and local

authorities, directed and controlled the work and safety at the WTC site. Weeks Marine

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

contained in Paragraph 1216 of the Complaint as they relate to all other Contractor

defendants.

1217. Paragraph 1217 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 1217 of the Complaint as they relate to Weeks

Marine, except affirmatively asserts that Weeks Marine had no responsibility to enforce the

New York State Industrial Code in areas where those laws, rules and regulations did not

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

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truth of the allegations contained in Paragraph 1217 of the Complaint as they relate to all

other Contractor defendants.

1218. Paragraph 1218 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 1218 of the Complaint as they relate to Weeks

Marine, except affirmatively asserts that Weeks Marine had no responsibility to enforce the

New York State Industrial Code in areas where those laws, rules and regulations did not

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

truth of the allegations contained in Paragraph 1218 of the Complaint as they relate to all

other Contractor defendants.

1219. The document identified or referenced in Paragraph 1219 speaks for itself, and therefore no

additional response is required. The statement referenced in Paragraph 1219 of the

Complaint is unsupported by Plaintiffs’ citations. Furthermore, Paragraph 1219 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 1219 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 1219 of

the Complaint as they relate to all other Contractor defendants.

1220. Weeks Marine denies the allegations contained in Paragraph 1220 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 1220 of the Complaint as

they relate to all other Contractor defendants.

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1221. Paragraph 1221 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 1221 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 1221 of the Complaint as they relate to all

other Contractor defendants, including the entities described as the “Four Prime General

Contractors.”

1222. Paragraph 1222 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 1222 of the Complaint as they relate to Weeks

Marine, except affirmatively asserts that Weeks Marine had no responsibility to enforce

OSHA rules and regulations with respect to persons who were not Weeks Marine employees

or in areas where those rules and regulations did not apply. Weeks Marine denies

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

contained in Paragraph 1222 of the Complaint as they relate to all other Contractor

defendants, including the entities described as the “Four Prime General Contractors.”

1223. Paragraph 1223 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 1223 of the Complaint as they relate to Weeks

Marine, except affirmatively asserts that Weeks Marine had no responsibility to enforce

OSHA rules and regulations with respect to persons who were not Weeks Marine employees

or in areas where those rules and regulations did not apply. Weeks Marine denies

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

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contained in Paragraph 1223 of the Complaint as they relate to all other Contractor

defendants.

1224. Paragraph 1224 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 1224 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 1224 of the Complaint as they relate to all

other Contractor defendants.

1225. Paragraph 1225 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 1225 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 1225 of the Complaint as they relate to all

other Contractor defendants.

1226. Paragraph 1226 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 1226 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 1226 of the Complaint as they relate to all

other Contractor defendants.

*****

1239. Weeks Marine denies the allegations contained in Paragraph 1239 of the Complaint as they

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

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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 1239 of the Complaint as they

relate to the City of New York, the DDC and all other Contractor defendants, including the

entities described as the “Four Prime General Contractors.”

1240. Weeks Marine denies the allegations contained in Paragraph 1240 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 1240 of the Complaint as

they relate to all other Contractor defendants.

1241. Weeks Marine denies the allegations contained in Paragraph 1241 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 1241 of the Complaint as

they relate to all other Contractor defendants, including the entities described as the “Four

Prime General Contractors.”

1242. Weeks Marine denies the allegations contained in Paragraph 1242 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 1242 of the Complaint as

they relate to all other Contractor defendants.

1243. Weeks Marine denies the allegations contained in Paragraph 1243 of the Complaint as they

relate to Weeks Marine, except admits that it provided safety equipment and services to its

employees during relevant times while Weeks Marine assisted in the debris removal

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

Case 1:06-cv-14980-AKH Document 7 Filed 02/15/2008 Page 29 of 35
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limited in area and scope, under the control and direction of the City of New York and other

authorities, including, but not limited to, distributing respirators to Weeks Marine

employees, disseminating information to Weeks Marine employees regarding air quality,

advising Weeks Marine employees regarding safety equipment and practices, and conducting

health and safety inspections in the restricted area in which Weeks Marine was operating.

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

the allegations contained in Paragraph 1243 of the Complaint as they relate to all other

Contractor defendants.

1244. Weeks Marine denies the allegations contained in Paragraph 1244 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 1244 of the Complaint as

they relate to all other Contractor defendants, including the entities described as the “Prime

General Contractor defendants” and the “Four Prime General Contractor defendants.”

1245. Paragraph 1245 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 1245 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 1245 of the Complaint as they relate to all

other Contractor 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:

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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.

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.

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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. 

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.

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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. 

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-14980-AKH Document 7 Filed 02/15/2008 Page 33 of 35
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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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