In re Aegean Marine Petroleum Network Inc. Securities Litigation

ANSWER to 81 Complaint, with JURY DEMAND. Document filed by Dimitris Melisanidis.

Southern District of New York, nysd-1:2018-cv-04993

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19 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Case No. 18-cv-4993 (NRB) IN RE AEGEAN MARINE PETROLEUM NETWORK, INC. SECURITIES LITIGATION Hon. Naomi Reice Buchwald DEFENDANT DIMITRIS MELISSANIDIS'S ANSWER AND AFFIRMATIVE DEFENSES Defendant Dimitris Melissanidis ("Mr. Melissanidis") respectfully submits his Answer and Affirmative Defenses to the Consolidated Class Action Complaint, ECF No. 81. Mr. Melissanidis reserves the right to amend his Answer and Affirmative Defenses. ANSWER 1. Paragraph 1 contains a summary of Plaintiff's claims to which no response is required. 2. Paragraph 2 contains argument and legal conclusions, to which no response is required. To the extent that a further response is required, Mr. Melissanidis is without knowledge or information sufficient to admit or deny the allegations in this paragraph. 3. Paragraph 3 contains argument and legal conclusions, to which no response is required. To the extent that this paragraph purports to quote or describe documents or websites, Mr. Melissanidis respectfully refers the Court to those documents, which speak for themselves. To the extent that a further response is required, Mr. Melissanidis denies the allegations contained in this paragraph. 4. Mr. Melissanidis denies the allegations in Paragraph 4, except admits that in 1995 he founded a company eventually called Aegean Marine Petroleum Network, Inc. ("Aegean"), that Aegean had an initial public offering in 2006, that he then became Aegean's head of corporate 1 19 development, a mostly figurehead position meant to instill confidence in Aegean's long-time business partners, and that Aegean's stock traded on the New York Stock Exchange. 5. Paragraph 5 contains argument and legal conclusions to which no response is required. To the extent that a further response is required, Mr. Melissanidis is without knowledge or information sufficient to admit or deny the allegations in this paragraph. 6. To the extent that Paragraph 6 purports to quote or describe documents or websites, Mr. Melissanidis respectfully refers the Court to those documents, which speak for themselves. This paragraph contains argument and legal conclusions, to which no response is required. To the extent a response may be required, Mr. Melissanidis is without knowledge or information sufficient to admit or deny the allegations in this paragraph, except to the extent references to "the Company" and "Defendants" are intended to include Mr. Melissanidis, in which case Mr. Melissanidis denies the allegations of this paragraph to the extent they relate to Mr. Melissanidis. 7. To the extent that Paragraph 7 purports to quote or describe documents or websites, Mr. Melissanidis respectfully refers the Court to those documents, which speak for themselves. This paragraph contains argument and legal conclusions, to which no response is required. To the extent a response may be required, Mr. Melissanidis is without knowledge or information sufficient to admit or deny the allegations in this paragraph, except to the extent this paragraph references Mr. Melissanidis, in which case Mr. Melissanidis denies the allegations of this paragraph to the extent they relate to Mr. Melissanidis. 8. To the extent that Paragraph 8 purports to quote or describe documents or websites, Mr. Melissanidis respectfully refers the Court to those documents, which speak for themselves. This paragraph contains argument and legal conclusions, to which no response is required. To the extent a response may be required, Mr. Melissanidis is without knowledge or information 2 19 sufficient to admit or deny the allegations in this paragraph, except to the extent this paragraph references Mr. Melissanidis, in which case Mr. Melissanidis denies the allegations of this paragraph to the extent they relate to Mr. Melissanidis. 9. To the extent that Paragraph 9 purports to quote or describe documents or websites, Mr. Melissanidis respectfully refers the Court to those documents, which speak for themselves. To the extent a response may be required, Mr. Melissanidis is without knowledge or information sufficient to admit or deny the allegations in this paragraph. 10. To the extent that Paragraph 10 purports to quote or describe documents or websites, Mr. Melissanidis respectfully refers the Court to those documents, which speak for themselves. To the extent a response may be required, Mr. Melissanidis is without knowledge or information sufficient to admit or deny the allegations in this paragraph, except to the extent this paragraph references Mr. Melissanidis, in which case Mr. Melissanidis denies the allegations of this paragraph to the extent they relate to Mr. Melissanidis. 11. To the extent that Paragraph 11 purports to quote or describe documents or websites, Mr. Melissanidis respectfully refers the Court to those documents, which speak for themselves. This paragraph contains argument and legal conclusions, to which no response is required. To the extent a response may be required, Mr. Melissanidis is without knowledge or information sufficient to admit or deny the allegations in this paragraph. 12. Paragraph 12 contains argument and legal conclusions, to which no response is required. To the extent a response may be required, Mr. Melissanidis is without knowledge or information sufficient to admit or deny the allegations in this paragraph, except to the extent this paragraph references Mr. Melissanidis, in which case Mr. Melissanidis denies the allegations of this paragraph to the extent they relate to Mr. Melissanidis. 3 19 13. To the extent that Paragraph 13 purports to quote or describe documents or websites, Mr. Melissanidis respectfully refers the Court to those documents, which speak for themselves. This paragraph contains argument and legal conclusions, to which no response is required. To the extent a response may be required, Mr. Melissanidis is without knowledge or information sufficient to admit or deny the allegations in this paragraph. 14. Paragraph 14 contains argument and legal conclusions, to which no response is required. To the extent a response may be required, Mr. Melissanidis is without knowledge or information sufficient to admit or deny the allegations in this paragraph, except to the extent references to "the Company" are intended to include Mr. Melissanidis, in which case Mr. Melissanidis denies the allegations of this paragraph to the extent they relate to Mr. Melissanidis. 15. To the extent that Paragraph 15 purports to quote or describe documents or websites, Mr. Melissanidis respectfully refers the Court to those documents, which speak for themselves. This paragraph contains argument and legal conclusions, to which no response is required. To the extent a response may be required, Mr. Melissanidis is without knowledge or information sufficient to admit or deny the allegations in this paragraph, except to the extent this paragraph references Mr. Melissanidis, in which case Mr. Melissanidis denies the allegations of this paragraph, except admits that in August 2016, the Company acquired Company shares from Mr. Mr. Melissanidis, and Mr. Mr. Melissanidis resigned as head of corporate development and became a consultant. 16. To the extent that Paragraph 16 purports to quote or describe documents or websites, Mr. Melissanidis respectfully refers the Court to those documents, which speak for themselves. This paragraph contains argument and legal conclusions, to which no response is required. To the extent a response may be required, Mr. Melissanidis is without knowledge or information 4 19 sufficient to admit or deny the allegations in this paragraph, except to the extent this paragraph references Mr. Melissanidis, in which case Mr. Melissanidis denies the allegations of this paragraph to the extent they relate to Mr. Melissanidis. 17. To the extent that Paragraph 17 purports to quote or describe documents or websites, Mr. Melissanidis respectfully refers the Court to those documents, which speak for themselves. To the extent a response may be required, Mr. Melissanidis is without knowledge or information sufficient to admit or deny the allegations in this paragraph. 18. To the extent that Paragraph 18 purports to quote or describe documents or websites, Mr. Melissanidis respectfully refers the Court to those documents, which speak for themselves. To the extent a response may be required, Mr. Melissanidis is without knowledge or information sufficient to admit or deny the allegations in this paragraph. 19. Mr. Melissanidis is without knowledge or information sufficient to admit or deny the allegations in paragraph 19. 20. To the extent that Paragraph 20 purports to quote or describe documents or websites, Mr. Melissanidis respectfully refers the Court to those documents, which speak for themselves. To the extent a response may be required, Mr. Melissanidis is without knowledge or information sufficient to admit or deny the allegations in this paragraph. 21. To the extent that Paragraph 21 purports to quote or describe documents or websites, Mr. Melissanidis respectfully refers the Court to those documents, which speak for themselves. This paragraph contains argument and legal conclusions, to which no response is required. To the extent a response may be required, Mr. Melissanidis is without knowledge or information sufficient to admit or deny the allegations in this paragraph, except to the extent this paragraph 5 19 references Mr. Melissanidis, in which case Mr. Melissanidis denies the allegations of this paragraph to the extent they relate to Mr. Melissanidis. 22. To the extent that Paragraph 22 purports to quote or describe documents or websites, Mr. Melissanidis respectfully refers the Court to those documents, which speak for themselves. To the extent a response may be required, Mr. Melissanidis is without knowledge or information sufficient to admit or deny the allegations in this paragraph, except to the extent this paragraph references Mr. Melissanidis, in which case Mr. Melissanidis denies the allegations of this paragraph to the extent they relate to Mr. Melissanidis. 23. To the extent that Paragraph 23 purports to quote or describe documents or websites, Mr. Melissanidis respectfully refers the Court to those documents, which speak for themselves. To the extent a further response may be required, Mr. Melissanidis is without knowledge or information sufficient to admit or deny the allegations in this paragraph. 24. To the extent that Paragraph 24 purports to quote or describe documents or websites, Mr. Melissanidis respectfully refers the Court to those documents, which speak for themselves. To the extent a further response may be required, Mr. Melissanidis is without knowledge or information sufficient to admit or deny the allegations in this paragraph. 25. To the extent that Paragraph 25 purports to quote or describe documents or websites, Mr. Melissanidis respectfully refers the Court to those documents, which speak for themselves. To the extent a response may be required, Mr. Melissanidis is without knowledge or information sufficient to admit or deny the allegations in this paragraph. 26. To the extent that Paragraph 26 purports to quote or describe documents or websites, Mr. Melissanidis respectfully refers the Court to those documents, which speak for themselves. This paragraph contains argument and legal conclusions, to which no response is required. To the 6 19 extent a response may be required, Mr. Melissanidis is without knowledge or information sufficient to admit or deny the allegations in this paragraph, except to the extent this paragraph references Mr. Melissanidis, in which case Mr. Melissanidis denies the allegations of this paragraph to the extent they relate to Mr. Melissanidis. 27. To the extent that Paragraph 27 purports to quote or describe documents or websites, Mr. Melissanidis respectfully refers the Court to those documents, which speak for themselves. To the extent