DAVIS WRIGHT TREMAINE LLP 

1633 Broadway 

New York, NY 10019 

(212) 489-8230 

Attorneys for Defendant Varolii Corporation 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW JERSEY 

____________________________________ 

 : 

RICHARD M. ZELMA, : 

 : 

Plaintiff, : 

 : CIVIL ACTION NO. 11-3465 (FSH) 

vs. : 

 : 

MEDCO HEALTH SOLUTIONS, INC. : 

d/b/a MEDCO, VAROLII, INC., WEST : 

CORPORATION d/b/a WEST BUSINESS : 

SERVICES INC., JANETTE KAY : 

ELSON, JOHN DOES (1-10) and ABC : 

CORPORATIONS (1-10), each acting : 

Individually, in concert, or as a group, : 

 : 

 Defendants. : 

____________________________________ 

ANSWER TO COMPLAINT ON BEHALF OF DEFENDANT VAROLII CORPORATION

Defendant Varolii Corporation (“Varolii”), by its attorneys Davis Wright Tremaine LLP, 

as and for its Answer to plaintiff's Complaint says: 

I. INTRODUCTION

1. No answer is provided to the allegations contained in Paragraph 1 of the 

Complaint as the allegations contained therein are not directed to this defendant. 

2. To the extent that Paragraph 2 of the Complaint contains allegations directed to 

this defendant, the allegations are denied. 

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II. PARTIES 

3. Admit the allegations contained in Paragraph 3 of the Complaint. 

FACILITATOR DEFENDANT - MEDCO

4. No answer is provided to the allegations contained in Paragraph 4 of the 

Complaint as the allegations contained therein are not directed to this defendant. 

5. No answer is provided to the allegations contained in Paragraph 5 of the 

Complaint as the allegations contained therein are not directed to this defendant. 

CALLER DEFENDANT - VAROLII 

6. In response to the allegations contained in Paragraph 6 of the Complaint, admit 

that Varolii is a Washington corporation with the business and service addresses noted, and 

otherwise denied. 

CALLER DEFENDANT - WEST CORPORATION

7. No answer is provided to the allegations contained in Paragraph 7 of the 

Complaint as the allegations contained therein are not directed to this defendant. 

DEFENDANT - JANETTE KAY NELSON

8. No answer is provided to the allegations contained in Paragraph 8 of the 

Complaint as the allegations contained therein are not directed to this defendant. 

9. No answer is provided to the allegations contained in Paragraph 9 of the 

Complaint as the allegations contained therein are not directed to this defendant. 

III. JURISDICTION AND VENUE 

10. In response to the allegations contained in Paragraph 10 of the Complaint, admit 

that the facts giving rise to this Complaint had their primary effect in the County of Bergen, but 

deny that the New Jersey Superior Court, Bergen County, has jurisdiction over all claims 

asserted in the Complaint. 

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11. Deny the allegations contained in Paragraph 11 of the Complaint. 

IV. NATURE OF CLAIMS 

12. Defendant is without knowledge or information sufficient to form a belief as to 

the truth of the allegations contained in Paragraph 12 of the Complaint. 

13. No answer is provided to Paragraph 13 of the Complaint as it contains no 

allegations directed to this defendant. 

14. Deny the allegations of Paragraph 14 of the Complaint. 

15. No answer is provided to Paragraph 15 of the Complaint as it contains no 

allegations directed to this defendant. 

16. No answer is provided to Paragraph 16 of the Complaint as it contains no 

allegations directed to this defendant. 

V. FACTS RELEVANT TO THE COMPLAINT FACILITATOR 

DEFENDANT - MEDCO 

17. No answer is provided to Paragraph 17 of the Complaint as it contains no 

allegations directed to this defendant. 

18. No answer is provided to Paragraph 18 of the Complaint as it contains no 

allegations directed to this defendant. 

19. No answer is provided to Paragraph 19 of the Complaint as it contains no 

allegations directed to this defendant. 

20. No answer is provided to Paragraph 20 of the Complaint as it contains no 

allegations directed to this defendant. 

21. To the extent that Paragraph 21 of the Complaint contains allegations directed to 

this defendant, the allegations are denied. 

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22. No answer is provided to Paragraph 22 of the Complaint as it contains no 

allegations directed to this defendant. 

23. To the extent that Paragraph 23 of the Complaint contains allegations directed to 

this defendant, the allegations are denied. 

24. To the extent that Paragraph 24 of the Complaint contains allegations directed to 

this defendant, the allegations are denied. 

25. No answer is provided to Paragraph 25 of the Complaint as it contains no 

allegations directed to this defendant. 

VI. FACTS RELEVANT TO THE COMPLAINT CALLER DEFENDANT -

VAROLII 

26. In response to the allegations contained in Paragraph 26 of the Complaint, 

admitted as to four attempts, for three of which no prerecorded message was initiated, and 

otherwise denied. 

27. In response to the allegations contained in Paragraph 27 of the Complaint, 

admitted as to four attempts, for three of which no prerecorded message was initiated, and 

otherwise denied. 

28. Deny the allegations of Paragraph 28 of the Complaint. 

29. Deny the allegations of Paragraph 29 of the Complaint. 

30. In response to the allegations contained in Paragraph 30 of the Complaint, 

admitted that calls were placed on behalf of Medco. Defendant Varolii is without knowledge or 

information sufficient to admit or deny the remaining allegations of Paragraph 30, but to the 

extent necessary denies said allegations. 

31. Deny the allegations of Paragraph 31 of the Complaint. 

32. Deny the allegations of Paragraph 32 of the Complaint. 

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33. Deny the allegations of Paragraph 33 of the Complaint. 

VII. FACTS RELEVANT TO THE COMPLAINT CALLER DEFENDANT -

WEST 

34. No answer is provided to the allegations contained in Paragraph 34 of the 

Complaint as the allegations contained therein are not directed to this defendant. 

35. No answer is provided to the allegations contained in Paragraph 35 of the 

Complaint as the allegations contained therein are not directed to this defendant. 

36. No answer is provided to the allegations contained in Paragraph 36 of the 

Complaint as the allegations contained therein are not directed to this defendant. 

37. In response to the allegations contained in Paragraph 37 of the Complaint, admit 

that Varolii used an auto dialer to initiate its calls, but Varolii is without knowledge or 

information sufficient to form a belief as to the truth of the allegation that the calls were made 

absent express written consent from Plaintiff, and otherwise no answer is provided to the 

allegations contained in this paragraph to the extent they are not directed to this defendant. 

38. No answer is provided to the allegations contained in Paragraph 38 of the 

Complaint as the allegations contained therein are not directed to this defendant 

39. No answer is provided to the allegations contained in Paragraph 39 of the 

Complaint as the allegations contained therein are not directed to this defendant. 

VIII. FACTS RELEVANT TO THE COMPLAINT DEFENDANT - NELSON

40. No answer is provided to the allegations contained in Paragraph 40 of the 

Complaint as the allegations contained therein are not directed to this defendant. 

41. No answer is provided to the allegations contained in Paragraph 41 of the 

Complaint as the allegations contained therein are not directed to this defendant. 

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42. No answer is provided to the allegations contained in Paragraph 42 of the 

Complaint as the allegations contained therein are not directed to this defendant. 

43. No answer is provided to the allegations contained in Paragraph 43 of the 

Complaint as the allegations contained therein are not directed to this defendant. 

44. No answer is provided to the allegations contained in Paragraph 44 of the 

Complaint as the allegations contained therein are not directed to this defendant. 

45. No answer is provided to the allegations contained in Paragraph 45 of the 

Complaint as the allegations contained therein are not directed to this defendant. 

46. No answer is provided to the allegations contained in Paragraph 46 of the 

Complaint as the allegations contained therein are not directed to this defendant. 

IX. ADDITIONAL FACTS RELEVANT TO THE COMPLAINT 

47. Defendant is without knowledge or information sufficient to form a belief as to 

the truth of the allegations contained in Paragraph 47 of the Complaint. 

48. Defendant is without knowledge or information sufficient to form a belief as to 

the truth of the allegations contained in Paragraph 48 of the Complaint. 

49. No answer is provided to the allegations contained in Paragraph 49 of the 

Complaint as the allegations contained therein are not directed to this defendant. 

50. This paragraph is not understood. To the extent that Paragraph 50 of the 

Complaint contains allegations directed to this defendant, denied. 

51. This paragraph is not understood. To the extent that Paragraph 51 of the 

Complaint contains allegations directed to this defendant, denied. 

52. This paragraph is not understood. To the extent that Paragraph 52 of the 

Complaint contains allegations directed to this defendant, denied. 

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53. This paragraph is not understood. To the extent that Paragraph 53 of the 

Complaint contains allegations directed to this defendant, denied. 

54. This paragraph is not understood. To the extent that Paragraph 54 of the 

Complaint contains allegations directed to this defendant, denied. 

55. To the extent that Paragraph 55 of the Complaint contains allegations directed to 

this defendant, denied. 

56. To the extent that Paragraph 56 of the Complaint contains allegations directed to 

this defendant, denied. 

57. To the extent that Paragraph 57 of the Complaint contains allegations directed to 

this defendant, denied. 

58. To the extent that Paragraph 58 of the Complaint contains allegations directed to 

this defendant, denied. 

59. To the extent that Paragraph 59 of the Complaint contains allegations directed to 

this defendant, denied. 

60. Deny the allegations contained in Paragraph 60 of the Complaint. 

61. To the extent that Paragraph 61 of the Complaint contains allegations directed to 

this defendant, denied. 

62. No answer is provided to Paragraph 62 of the Complaint as this paragraph 

contains no allegations directed to this defendant. 

X. COUNT ONE - ENGAGED IN PROHIBITED ACTIVITY PURSUANT TO 

47 U.S.C. §217 

63. Defendant repeats its responses to the previous paragraphs of the Complaint as if 

fully set forth herein at length. 

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64. To the extent that Paragraph 64 of the Complaint contains allegations directed to 

this defendant, denied. 

XI. COUNT TWO - ENGAGING IN PROHIBITED TELEPHONE ACTIVITY 

PURSUANT TO 47 U.S.C. §§223 (a)(1)(C);(D);&(E) 

65. Defendant repeats its responses to the previous paragraphs of the Complaint as if 

fully set forth herein at length. 

66. To the extent that Paragraph 66 of the Complaint contains allegations directed to 

this defendant, denied. 

67. To the extent that Paragraph 67 of the Complaint contains allegations directed to 

this defendant, denied. 

68. To the extent that Paragraph 68 of the Complaint contains allegations directed to 

this defendant, denied. 

69. To the extent that Paragraph 69 of the Complaint contains allegations directed to 

this defendant, denied. 

70. To the extent that Paragraph 70 of the Complaint contains allegations directed to 

this defendant, denied. 

XII. COUNT THREE - ENGAGING IN PROHIBITED TELEPHONE 

ACTIVITY PURSUANT TO N.J.S.A. §2C:33-4(c) 

REPEATED HARASSING UNLAWFUL CALLS 

71. Defendant repeats its responses to the previous paragraphs of the Complaint as if 

fully set forth herein at length. 

72. To the extent that Paragraph 72 of the Complaint contains allegations directed to 

this defendant, denied. 

73. To the extent that Paragraph 73 of the Complaint contains allegations directed to 

this defendant, denied. 

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XIII. COUNT FOUR - ENGAGING IN PROHIBITED ACTIVITY PURSUANT 

TO N.J.S.A. §56:8-119 & AUTHORITY OF 47 U.S.C. §227 et seq. 

74. Defendant repeats its responses to the previous paragraphs of the Complaint as if 

fully set forth herein at length. 

75. To the extent that Paragraph 75 of the Complaint contains allegations directed to 

this defendant, denied. 

76. No answer is provided to Paragraph 76 of the Complaint as this paragraph 

contains no allegations directed to this defendant. 

77. To the extent that Paragraph 77 of the Complaint contains allegations directed to 

this defendant, denied. 

FIRST SEPARATE DEFENSE 

78. Recovery is barred in this action by reason of the expiration of the applicable 

statute of limitations. 

SECOND SEPARATE DEFENSE 

79. The complaint fails to state a claim upon which relief can be granted. 

ANSWER TO CROSSCLAIMS 

This defendant denies the allegations of any and all cross claims filed or which may be 

filed against it. 

JURY DEMAND 

The defendant Varolii Corporation demands a trial by jury on all issues. 

DEMAND FOR STATEMENT OF DAMAGES 

PLEASE TAKE NOTICE that defendant Varolii Corporation demands that plaintiff 

furnish a statement of damages claimed within the time prescribed by the Rules of Court. 

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DESIGNATION OF TRIAL COUNSEL 

Please be advised that Robert Balin, Esq. is hereby designated as trial counsel on behalf 

of Defendant, Varolii Corporation pursuant to the Rules made and provided. 

CERTIFICATION

It is hereby certified that a copy of the within Answer was served within the time 

prescribed by the Rules of Court, as extended by the Court and consent of counsel. 

DAVIS WRIGHT TREMAINE LLP 

Dated: July 6, 2011 By: /s/ Robert D. Balin 

 Robert D. Balin 

 1633 Broadway 

 New York, NY 10019 

 Phone: (212) 489-8230 

 Facsimile: (212) 489-8340 

 Email: robbalin@dwt.com

 Attorneys for Defendant Varolii Corporation

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