Let's go through LSI's response to see exactly what they admitted:
Plaintiff Publish America, LLLP ("PA" or "Plaintiff") is a Maryland Limited Liability Partnership, with its principal office and place of business located in Frederick, Maryland.
PA has used independent contractors to print some copies of its books.
Defendant Lightning Source, Inc. ("LSI" or "Defendant") is a Delaware Corporation, with its principal office and place of business located in La Vergne, Tennessee. LSI prints books for publishers like PA.
Except that Defendant's correct name is Lightning Source Inc.
LSI agrees that jurisdiction and venue are proper in this Court.
On or about June 1, 2005, PA and LSI entered into a "Print on Demand Agreement" (hereinafter referred to as the "Agreement"). A copy of that agreement, which was signed by both parties, is attached hereto as Exhibit 1 and incorporated herein. LSI's Print on Demand Publisher Operating Manual (hereinafter referred to as the "Operating Manual") was incorporated into and formed a part of the Agreement.
LSI admits that a copy of the Operating Manual is attached to the Complaint as Exhibit 2.
The term of the Agreement was for one year. However, the parties agreed to continue their relationship through the filing date of this Complaint by assenting to a series of print on demand contracts of approximately one year each ("renewal terms").
LSI states that the terms and conditions of the original Print on Demand Agreement and those Print on Demand Agreements executed during any "renewal periods" speak for themselves.
LSI states that the terms of PA's Print on Demand Agreement, including, but not limited to, the terms of the Operating Manual, which were incorporated therein (hereinafter collectively "Agreement"), speak for themselves.
LSI admits that it filled Wholesale Orders and Publisher Direct Orders pursuant to the Agreement, that PA designated some titles as returnable, and that LSI disposed of returns and charged PA for those returns in accordance with the parties' Agreement.
LSI admits that in or about May 2009, and consistent with PA's "Yes-Deliver" return designation, it began shipping to PA a physical copy of each title returned in exchange for a $2 shipping and handling fee and the wholesale cost of the title in question as instructed by PA.
LSI admits that it printed a physical copy of each book upon the return of the title and shipped such copies to PA.
LSI also admits that the copies that it shipped to PA were in newly-printed condition.
LSI admits that, pursuant to the express terms of the parties' Agreement, it accepted returns of PA titles that were the subject of the Agreement, and it further admits that the returns may have included titles that were not sold by LSI.
LSI admits that, on October 7, 2009, PA notified LSI that it would like to lower the prices of 33,069 titles.
LSI admits that it notified PA that the price changes would become effective by November 1, 2009, if PA provided all information required to process the change request by October 10, 2009.
LSI admits that, in accordance with the parties' Agreement, it accepted returns of titles that may have included books that had not been printed by LSI.
Under the parties' Agreement, LSI agreed that PA would receive a physical copy of a book upon the title being returned in the event that PA designated the "Yes-Deliver" returns option.
LSI admits that PA paid a $2 charge for each copy of the titles returned that were shipped back to PA (in addition to a charge for the wholesale cost of the title in question) pursuant to the Agreement and Operating Manual.
LSI agreed that PA would receive a physical copy of each title returned in the event that PA designated the "Yes-Deliver" return option.
LSI states that, with respect to all books that PA designated for return under the "Yes-Deliver" option, LSI printed a physical copy of the book upon the return of the title and shipped it to PA.
LSI...states that, in accordance with the Agreement and Operating Manual, PA received a physical copy of each title returned that PA designated under the "Yes-Deliver" return option.
LSI admits that, pursuant to the terms of the Agreement, PA was charged $2 per return (in addition to the wholesale cost of the book) for every title designated under the "Yes-Deliver" option.
LSI agreed that PA would receive a physical copy of each title returned in the event that PA designated the "Yes-Deliver" return option.
LSI states that, with respect to all books that PA designated for return under the "Yes-Deliver" option, LSI printed a physical copy of the book upon the title’s return and shipped it to PA.
LSI...states that, in accordance with the Agreement and the Operating Manual, PA received a physical copy of each title returned that PA designated under the "Yes-Deliver" return option.
LSI admits that, pursuant to the terms of the Agreement, PA was charged $2 per return (in addition to the wholesale cost of the book) for every title designated under the "Yes-Deliver" option.
LSI states that sales compensation reports that LSI sent to PA accurately reflected charges for returns in accordance with the parties’ Agreement.
LSI further states that it processed returns and charges for titles returned in accordance with the parties’ Agreement.
LSI states that sales compensation reports that LSI sent to PA accurately reflected charges for returns in accordance with the parties’ Agreement.
LSI further states that it processed returns and charges for titles returned in accordance with the parties’ Agreement.
--------------
Everything else is denied.