Parisi V Sinclair: 42 - B&N ANSWER and CROSSCLAIM W/exhibits

Case 1:10-cv-00897-RJL Document 42 Filed 08/24/10 Page 1 of 23
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
X
)
DANIEL PARISI, WHITEHOUSE.COM )
INC., WHITEHOUSE.COM NETWORK )
LLC AND WHITEHOUSE )
COMMUNICATIONS INC., )
)
Plaintiffs, )
)
- against - )
)
LAWRENCE W. SINCLAIR ) 10 Civ. 00897 (RJL)
A/K/A “LARRY SINCLAIR”, JEFFREY )
RENSE, BARNES & NOBLE, INC., )
BARNESANDNOBLE.COM LLC, )
AMAZON.COM, INC., BOOKS-A- )
MILLION, INC. and SINCLAIR )
PUBLISHING, INC., )
)
Defendants. )
)
BARNES & NOBLE, INC. and )
BARNESANDNOBLE.COM LLC et al. )
)
Crossclaim-Plaintiffs, )
)
- against - )
)
LARRY SINCLAIR and SINCLAIR )
PUBLISHING LLC, )
)
Crossclaim-Defendants. )
)
X
ANSWER, AFFIRMATIVE DEFENSES AND CROSSCLAIMS OF DEFENDANTS

BARNES & NOBLE BOOKSELLERS, INC. AND BARNESANDNOBLE.COM LLC
Defendants Barnes & Noble Booksellers, Inc. (incorrectly sued herein as Barnes &
Noble, Inc.) and barnesandnoble.com LLC (collectively, “Barnes & Noble”), by their
undersigned attorneys Davis Wright Tremaine LLP, hereby answer the complaint of plaintiffs
Daniel Parisi, Whitehouse.com Inc., Whitehouse.com Network LLC and Whitehouse
Communications Inc. (collectively, “Plaintiffs”) as follows:
PDF processed with CutePDF evaluation edition www.CutePDF.com

PARTIES
1. Denies knowledge or information sufficient to form a belief as to the truth
or falsity of the allegations of paragraph 1 of the Complaint.
7. States that the proper defendant in this case is Barnes & Noble
Booksellers, Inc., which is a wholly-owned subsidiary of Barnes & Noble, Inc.
8. Admits the allegations of paragraph 8 of the Complaint.
9. States that no response is required to Paragraph 9 of the Complaint.
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JURISDICTION AND VENUE
13. Admits that Plaintiff purports to invoke the jurisdiction of this Court under
28 U.S.C. § 1332.
14. To the extent the allegations of paragraph 14 of the Complaint are deemed
to be allegations of law, Barnes & Noble is not required to plead thereto; to the extent the
allegations of the said paragraph are deemed to be allegations of fact, denies each and every
allegation thereof, except admits that Barnes & Noble sells goods to residents of the District of
Columbia via its retail stores and its website, barnesandnoble.com.
allegation thereof.
BACKGROUND
19. Admits that on February 10, 2007, it was reported that then-Senator
Barack Obama (“Obama”) had announced that he was running for President of the United States.
20. Admits that on January 3, 2008, it was reported that Obama had won the
Iowa Democratic caucus.
3
or falsity of the allegations of paragraph 31 of the Complaint, except admits that Sinclair
Publishing, Inc. published a book entitled “Barack Obama & Larry Sinclair: Cocaine, Sex, Lies
& Murder?” (the “Book”) by Lawrence W. Sinclair.
4
or falsity of the allegations of paragraph 32 of the Complaint and respectfully refers the Court to
the Book for its contents.
or falsity of the allegations of paragraph 34 of the Complaint, except admits that Barnes & Noble
offered the Book for sale on barnesandnoble.com.
allegation thereof, except admits that on barnesandnoble.com entry for the Book, under the
headings “From the Publisher” and “Synopsis,” there appeared copy from the publisher, Sinclair
Publishing, Inc. including, “You'll read how the Obama campaign used internet porn king Dan
Parisi and Ph.D. fraud Edward I. Gelb to conduct a rigged polygraph exam in an attempt to make
the Sinclair story go away.”
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allegation thereof.
allegations of the said paragraph are deemed to be allegations of fact that concern Barnes &
Noble, denies each and every allegation thereof.
Noble, denies knowledge or information sufficient to form a belief as to the truth or falsity of the
allegations thereof.
Noble, denies each and every allegation thereof.
45. To the extent the allegations of paragraph 45 of the complaint are deemed
allegations of said paragraph are deemed to be allegations of fact that concern Barnes & Noble,
denies each and every allegation thereof.
46. Denies each and every allegation of Paragraph 46 of the Complaint.
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47. Denies each and every allegation of Paragraph 47 of the Complaint.
allegations of said paragraph are deemed to be allegations of fact, Barnes & Noble denies
knowledge or information sufficient to form a belief as to the truth or falsity of the allegations
contained in the first two sentences of paragraph 48 and denies the allegations of the last
sentence of the said paragraph.
Noble, denies each and every allegation thereof and further states that the Book is not currently
offered for sale by Barnes & Noble.
52. States that no response is required to the allegations of paragraph 52 of the
Complaint.
allegations of said paragraph are deemed to be allegations of fact that concern Barnes & Noble,
denies each and every allegation thereof.
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COUNT 1
(Libel Per Se/Libel)
54. Incorporates by reference its responses to paragraphs 1 to 53 inclusive of
Plaintiffs’ Complaint.
55. Denies each and every allegation of paragraph 55 of the Complaint.
61. Denies each and every allegation of paragraph 61 of the Complaint, except
admits that the Book has been offered for sale and sold to the public.
COUNT II
(False Light Invasion/Misappropriation of Privacy)
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COUNT III
(Business Disparagement)
COUNT IV
(Tortious Interference with Economic Advantage)
allegations of said paragraph are deemed to be allegations of fact, denies each and every
allegation thereof.
9
COUNT V
(Civil Conspiracy)
INTRODUCTION TO AFFIRMATIVE DEFENSES
Under the law, it is Plaintiffs’ burden to prove most of the issues raised in the
affirmative defenses set forth below. The designation of the following as affirmative defenses
should not be construed as an admission by Barnes & Noble that the burden of proof or burden
of persuasion in asserting such defenses fall on them, and such burden of proof or persuasion
shall be determined according to the applicable legal standards. It is Barnes & Noble’s intent to
preserve, and not to waive, their legal position that Plaintiffs maintain the burden of proof on
these issues.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
87. The Complaint fails to allege facts sufficient to state a cause of action
against Barnes & Noble, in whole or in part, upon which relief can be granted.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
88. Plaintiffs’ claims are barred, in whole or in part, by the applicable statutes
of limitation.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
89. Plaintiffs’ claims are barred, in whole or in part, by the Communications
Decency Act, 47 U.S.C. § 230.
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90. Barnes & Noble is a provider of an interactive computer service. For
example, as an online book vendor, Barnes & Noble provides users with information about the
books it distributes, including that obtained from publishers, independent reviewers and other
users. Barnes & Noble is also a user of an interactive computer service.
91. The postings at issue in the Complaint are information provided by
another information content provider. Barnes & Noble was not the “content provider” with
respect to the allegedly false online content at issue in the Complaint (i.e., the copy found under
the headings “Synopsis” and “From the Publishers” on barnesandnoble.com). On information
and belief, these descriptions were created by the Book’s publisher, Sinclair Publishing, Inc.
They were forwarded to Barnes & Noble by Lightning Source via an ONIX fed. A true and
correct copy of the electronic information written by the Book’s publisher and sent to Barnes &
Noble by Lightning Source (as described in greater detail in paragraphs 128-132, infra), is
annexed hereto as Exhibit 1.
92. All of Plaintiffs’ claims seek to treat Barnes & Noble as a publisher or
speaker of third party content. See, e.g., Cplt ¶ 39 (alleging that Barnes & Noble “published” the
information provided by Lightning Source on its website); id. ¶ 45 (“The defamatory statements
were made and published by defendants. . .”).
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
93. Plaintiffs’ claims fail because Barnes & Noble was only the distributor of
the Book and not the Book’s publisher, and a book distributor is not liable for the distribution of
an allegedly false and/or defamatory Book.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
94. Plaintiffs’ claims fail because Barnes & Noble was only the distributor of
the Book and not the Book’s publisher, and, to the extent that a book distributor can ever be
11
liable for allegedly false and/or defamatory statements in a Book distributed by it, which Barnes
& Noble expressly denies, Plaintiffs cannot meet the requisite standard to impose such liability.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
95. Plaintiffs’ claims fail because Barnes & Noble had no actual knowledge
that the allegedly false statements regarding plaintiffs were false and/or defamatory.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
96. Plaintiffs’ claims fail because Plaintiffs have failed to show that Barnes &
Noble acted with the applicable degree of fault.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
97. Plaintiffs are public figures and their claims fail because the allegedly
false statements were not published with knowledge of their falsity or with reckless regard for
their truth.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
98. Plaintiffs’ claims fail because the allegedly false or defamatory statements
were not published by Barnes & Noble.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
99. Plaintiffs’ claims fail because Barnes & Noble did not intend or endorse
any of the allegedly false implications set forth in the Complaint.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
100. Plaintiffs fail to properly allege special damages.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
101. Plaintiffs fail to properly allege libel per se.
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AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
102. Any allegedly false statement claimed to have been made of and
concerning Plaintiffs by Barnes & Noble was within the sphere of legitimate public interest and
concern and/or was reasonably related to matters warranting public exposition.
AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
103. Plaintiffs’ claims fail because the allegedly false statements in the Book
claimed to have been made of and concerning Plaintiffs are substantially true and therefore
absolutely protected under the First and Fourteenth Amendments to the U.S. Constitution and
applicable state constitutional provisions.
AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
104. Plaintiffs’ claims fail because the allegedly false statements in the Book
claimed to have been made of and concerning Plaintiffs qualify as protected opinion under the
First and Fourteenth Amendments to the U.S. Constitution and applicable state constitutional
provisions.
AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
105. Plaintiffs’ claims fail because any allegedly false statement in the Book
claimed to have been made of and concerning Plaintiffs did not cause actual harm to Plaintiffs’
reputation.
AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE
106. Any allegedly defamatory statement claimed to have been made of and
concerning Plaintiffs did not cause actual harm to Plaintiffs’ reputation in light of Plaintiffs’
previously diminished reputation.
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AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE
107. Plaintiffs have not suffered any actual harm or damages as a result or
proximate cause of the acts alleged to have been committed by Barnes & Noble, or as a result of
the allegedly false or defamatory statements or other acts on which Plaintiffs’ claims are
predicated.
AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE
108. To the extent Plaintiffs seeks to plead any cause of action other than
defamation or libel, it is barred from disguising such claims as other torts in order to circumvent
constitutional protections. Any such claims fail under the First and Fourteenth Amendments to
the U.S. Constitution and applicable state constitutional provisions.
AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE
109. Plaintiffs’ claims fail because any harm or damages, which harm or
damages Barnes & Noble denies, were proximately and directly caused, in whole or in part, by
the actions of Plaintiffs, or by the actions of others over whom Barnes & Noble has no control.
AS AND FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE
110. Plaintiffs’ claims for punitive damages are barred by the First and
Fourteenth Amendments to the U.S. Constitution and the common law.
AS AND FOR A TWENTY-SECOND AFFIRMATIVE DEFENSE
111. Plaintiffs may not recover punitive damages in the absence of “actual
malice” and common-law malice.
AS AND FOR A TWENTY-THIRD AFFIRMATIVE DEFENSE
112. Plaintiffs’ claims fail because they failed to mitigate any alleged injury or
damages, which injury or damages Barnes & Noble expressly denies.
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AS AND FOR A TWENTY-FOURTH AFFIRMATIVE DEFENSE
113. The Complaint, to the extent it seeks punitive damages, violates Barnes &
Noble’s right to procedural and substantive due process under the Fifth and Fourteenth
Amendments to the United States Constitution and applicable state constitutional provisions.
AS AND FOR A TWENTY-FIFTH AFFIRMATIVE DEFENSE
114. Plaintiffs’ claims are barred, in whole or in part, by the equitable doctrines
of laches, waiver, estoppel and unclean hands.
AS AND FOR A TWENTY-SIXTH AFFIRMATIVE DEFENSE
115. Plaintiffs’ false light claims fail because corporations cannot maintain a
cause of action for false light invasion of privacy.
AS AND FOR A TWENTY-SEVENTH AFFIRMATIVE DEFENSE
116. Plaintiffs’ claims fail because there was no agreement, whether explicit or
implicit, between Barnes & Noble and any other party to inflict a wrong against, or injury upon,
Plaintiffs.
AS AND FOR A TWENTY-EIGHTH AFFIRMATIVE DEFENSE
117. Plaintiffs’ claims fail because they cannot demonstrate that the alleged
acts of Barnes & Noble interfered with any protectable economic right of Plaintiffs.
AS AND FOR A TWENTY-NINTH AFFIRMATIVE DEFENSE
118. Plaintiffs’ claims fail because any alleged interference, which interference
Barnes & Noble denies, was not done intentionally and with “malice,” that is, intentionally and
without justification or excuse.
AS AND FOR A THIRTIETH AFFIRMATIVE DEFENSE
119. Plaintiffs’ claims fail because Plaintiffs failed to allege facts leading to the
conclusion that the alleged interference caused the loss of any prospective gain and that, if there
15
had been no interference, there was a reasonable probability that Plaintiffs would have received
the anticipated economic benefits.
AS AND FOR A THIRTY-FIRST AFFIRMATIVE DEFENSE
120. Barnes & Noble hereby adopts and incorporates by reference any and all
other affirmative defenses asserted or to be asserted by any other defendants in this proceeding to
the extent that Barnes & Noble may share in such affirmative defenses.
AS AND FOR A THIRTY-SECOND AFFIRMATIVE DEFENSE
121. Barnes & Noble reserves the right to amend its Answer and Affirmative
Defenses to assert such additional, as yet unstated, affirmative defenses as may later become
available or apparent to Barnes & Noble.
INTRODUCTION TO CROSSCLAIMS
Defendants-Crossclaim-Plaintiffs Barnes & Noble, Inc. and barnesandnoble.com
(collectively, “Barnes & Noble”), by its undersigned attorneys, as its crossclaims, hereby alleges
as follows:
Nature of the Proceedings
122. In this action, Plaintiffs seek to recover for alleged injuries arising out of
defendant Lawrence W. Sinclair’s (“Sinclair’s”) book, “Barack Obama & Larry Sinclair:
Cocaine, Sex, Lies & Murder?” (the “Book”), published by Sinclair Publishing, Inc., and printed
by Lightning Source, Inc. (Lightning Source, Inc. has been named as a defendant in the related
action captioned Parisi et al. v. Ingram Content Group Inc. and Lightning Source, Inc. (No. 10-
cv-00974), which is also pending before this Court).
123. Specifically, Plaintiffs’ Complaint takes issue with certain allegedly false
statements in the Book, as well as statements written by the publisher and posted by the
bookseller defendants, including Barnes & Noble on barnesandnoble.com.
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124. By this crossclaim, Barnes & Noble seeks indemnification from Sinclair
and/or Sinclair Publishing, Inc. (collectively, “Sinclair”) as the author and publisher of the
statements at issue, including the allegedly defamatory copy posted on barnesandnoble.com.
Parties
125. Barnes & Noble, Inc. is a Delaware corporation with its principal place of
business in New York, New York. Barnesandnoble.com LLC is a wholly-owned subsidiary of
Barnes & Noble, Inc.
126. Upon information and belief, Lawrence W. Sinclair a/k/a “Larry Sinclair”
is a citizen of Florida and a named defendant in this action.
127. Upon information and belief, Sinclair Publishing Inc. is a Florida
corporation with its principal place of business in Port Orange, Florida and a named defendant in
this action.
Factual Background
128. Barnes & Noble, Inc. and Barnesandnoble.com are large retailers of
books, eBooks, magazines, toys & games, music, DVDs and Blu-ray, video games, and related
products and services. Barnesandnoble.com is the largest online bookseller in the United States
and stocks over one million titles for immediate delivery. Barnesandnoble.com also permits
online users to order print-on-demand book titles under its agreements with certain printers and
wholesalers, including Lightning Source.
129. Book publishers, wholesalers and/or print-on-demand printers regularly
provide copy regarding their books to retail booksellers in a standardized, electronic format,
known as an ONIX feed. This allows the publisher to specify the copy for various common
informational fields for online sales, including the “Synopsis” and “From the Publisher” fields.
Online retailers are then able to upload that information directly to their websites in an
17
automated fashion. An ONIX feed from a single publisher, wholesaler or printer may contain
data for dozens of books.
130. On information and belief, Sinclair provided Lightning Source with the
allegedly false copy for the Book, namely the copy for the “From the Publisher” and “Synopsis”
fields cited in the Complaint.
131. On information and belief, Lightning Source incorporated the above-
described copy into an ONIX feed, which also contained information for other Lightning Source
books. The ONIX feed was then sent to retail booksellers, including Barnes & Noble. A true
and correct copy of the portion of the ONIX feed related to the Book is annexed hereto as
Exhibit 1.
132. Barnes & Noble then posted the above-described copy that Lightning
Source provided for the Book on barnesandnoble.com, under the headings “Synopsis” and “From
the Publisher.” In accordance with customary business practices, Barnes & Noble did not review
or edit the “Synopsis” or “From the Publisher” fields for the Book in the ONIX feed, including
the statements that form the bases for Plaintiffs’ claims, before the content was posted to
barnesandnoble.com. Thus, the contested copy that appeared on the Barnes & Noble website
was identical to the copy provided by Sinclair, via Lightning Source.
133. On or about June 2, 2010, Barnes & Noble contacted Sinclair by letter
requesting that Sinclair agree to indemnify Barnes & Noble for any damages arising out of the
claims asserted in the above-captioned action, as well as its costs and attorneys’ fees incurred in
defending against the same.
134. By letter dated June 8, 2010 (the “June 8, 2010 Indemnity”), Sinclair
agreed to so indemnify Barnes & Noble as follows:
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Lawrence W. Sinclair and Sinclair Publishing, Inc. hereby agree to

jointly and severally indemnify and hold harmless Barnes &
Noble, Inc. and Barnesandnoble.com LLC (collectively, "Barnes &
Noble") from and against any and all claims, causes of action,
liabilities, losses, damages, penalties, assessments, judgments,
awards or costs, including reasonable attorneys' fees and costs, and
including any amounts paid by Barnes & Noble in a settlement
approved by Lawrence W. Sinclair and/or Sinclair Publishing, Inc.
("Claims"), arising out of, resulting from, or relating to, the book
entitled Barack Obama & Larry Sinclair: Cocaine, Sex, Lies and
Murder, authored by Lawrence W. Sinclair and published by
Sinclair Publishing, Inc. (the "Book"), including, but not limited to,
any Claims arising out of the lawsuit captioned Parisi et a/, v.
Lawrence W. Sinclair a/k/a "Larry Sinclair" et al., Index No. l:10-
cv-00897 (D.D.C.) (Leon, J.).
Lawrence W. Sinclair and Sinclair Publishing, Inc. agree that

Barnes & Noble shall have the right to defend the Claims by
counsel of its own choosing under the terms of this indemnification
agreement. Lawrence W. Sinclair and Sinclair Publishing, Inc.
further agree that they will pay Barnes & Noble any sums due
under this indemnity within 60 days of receipt of each bill for legal
fees or costs, or of any court order or other applicable document.
See June 8, 2010 Indemnity, a true and correct copy of which is annexed hereto as Exhibit 2.
COUNT I – INDEMNITY AND CONTRIBUTION (CONTRACT)
135. Barnes & Noble realleges and incorporates by reference the allegations
contained in paragraphs 110 through 122 as if fully set forth herein.
136. Barnes & Noble’s alleged liability to Plaintiffs, if any, was caused solely
or primarily by Sinclair’s allegedly tortious conduct.
137. In the event Plaintiffs are able to recover any part of their alleged
damages, in settlement or otherwise, from Barnes & Noble – which damages Barnes & Noble
denies – then Sinclair should be held responsible for such loss.
138. Pursuant to the June 8, 2010 Indemnity, Barnes & Noble is entitled to
indemnification from Sinclair in an amount commensurate with Barnes & Noble’s liability to
Plaintiffs, if any, including any amounts paid in settlement as a result of these proceedings.
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139. Thus, Barnes & Noble is entitled to an order holding Sinclair solely
responsible for (i) any loss incurred by Barnes & Noble in the event that Plaintiffs are able to
recover any part of their alleged damages from Barnes & Noble– which damages Barnes &
Noble denies– or (ii) any amount paid by Barnes & Noble in partial or complete settlement of
this action; and (iii) all costs and fees, including attorneys’ fees, incurred by Barnes & Noble in
the defense of this action.
COUNT II - UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT,

FLORIDA STATUTES CH. 768.31
142. In the event Plaintiffs are able to recover any part of their alleged damages
from Barnes & Noble – which damages Barnes & Noble denies – then Sinclair should be held
responsible for such loss.
143. Barnes & Noble is entitled to contribution from Sinclair in an amount
commensurate with Sinclair’s pro-rata share of any common liability in accordance with the
Florida Uniform Contribution Amongst Tortfeasors Act, Ch. 768.31.
COUNT III – INDEMNITY AND CONTRIBUTION UNDER

NEW YORK CPLR SECTION 1401 et seq.
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commensurate with Sinclair’s pro-rata share of any common liability in accordance with Section
1401 et seq. of the New York Civil Practice Law and Rules (“CPLR”).
COUNT IV – EQUITABLE CLAIM FOR INDEMNITY AND CONTRIBUTION

UNDER THE COMMON-LAW OF THE DISTRICT OF COLUMBIA
151. Barnes & Noble is entitled to the equitable remedy of indemnification
and/or contribution from Sinclair in an amount commensurate with Sinclair’s pro-rata share of
any common liability in accordance with the common-law of the District of Columbia.
COUNT V – INDEMNITY AND CONTRIBUTION UNDER

TITLE 10, CH. 63 OF THE LAWS OF THE STATE OF DELAWARE
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commensurate with Sinclair’s pro-rata share of any common liability in accordance with Title
10, Ch. 63 of the laws of the State of Delaware.
WHEREFORE, Barnes & Noble respectfully requests that this Court:
(1) Enter judgment in favor of Barnes & Noble on the Complaint, dismissing it with
prejudice; or, in the alternative, grant Barnes & Noble’s cross-claims for indemnity and
contribution;
(2) Award Barnes & Noble its fees, costs and disbursements in this action; and
(3) Afford Barnes & Noble such other and further relief as this Court may deem just
and proper.
Dated: New York, New York

August 24, 2010
Respectfully submitted,
DAVIS WRIGHT TREMAINE, LLP
By: /s/ Linda Steinman

Linda Steinman (Admitted pro hac vice)
John Rory Eastburg (D.C. Bar No. 984434)
1919 Pennsylvania Avenue, NW, Suite 800

Washington, D.C. 20006
Attorneys for Defendants Barnes & Noble

Booksellers, Inc, and barnesandnoble.com LLC
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CERTIFICATE OF SERVICE
I hereby certify that, on the date below, I caused the foregoing ANSWER,
AFFIRMATIVE DEFENSES AND CROSSCLAIMS to be served via ECF on all counsel of
record and upon the following persons via first-class mail:
Lawrence W. Sinclair,
P.O. Box 1963
Washington, DC 20013
(218) 269-2274
Dated: August 24, 2010 /s/ Linda Steinman
23
Case 1:10-cv-00897-RJL Document 42-1 Filed 08/24/10 Page 1 of 24
From Lightning Source ONIX file 070109010006_LSI_ONIX.xml, received 07/01/2009
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Barack Obama's former lover and choir director of Obama's Chicago church of 20 years, Donald Young,
just days before the 2008 Iowa Caucus. This searing candid story begins with Barack Obama meeting Larry Sinclair in
November, 1999, and subsequently procuring and selling cocaine, and then engaging in consensual, homosexual sex
with Sinclair on November 6th and again on November 7, 1999. You'll read in riveting detail how Sinclair, in
2007, repeatedly contacted and requested that the Obama campaign simply come clean about their candidate's
1999 drug use and sales. You learn how the Obama campaign, David Axelrod and Barack Obama used Donald Young
(the homosexual lover of Barack Obama) to contact and seek out information from Sinclair about who he had told of
Obama's crimes and actions. You'll read how the Obama campaign used internet porn king Dan Parisi
and Ph.D. fraud Edward I. Gelb to conduct a rigged polygraph exam in an attempt to make the Sinclair story go away.
The Obama team and the controlled media - specifically MSNBC's Chris Matthews, Keith Olbermann, the New
York Times, CNN, Politico's Ben Smith, The DailyKos, The Huffington Post and others - attacked the National
Press Club for making its facilities available to Larry Sinclair for a news conference to present his evidence and
allegations to the world media. You'll read how Vice President Joe Biden's son, Delaware Attorney
General Beau Biden, issued an arrest warrant on completely false, fabricated charges to attempt to discredit Mr.
Sinclair's National Press Club news conference. This is a staggeringly true story of how the sitting U.S.President
with the help of the Mainstream Media, the Chicago Police Department, the FBI, the Delaware Attorney General and
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SINCLAIR PUBLISHING, INC
June 8, 2010
Linda Steinman
Davis Wright Tremaine, LLP
1633 Broadway
27th Floor
New York, NY 10019-6708
RE: Daniel Parisi, et al. v. Lawrence W. Sinclair, et al.

Case No. l:10-cv-00897 (D.D.C.) (Leon, J.).
Dear Mrs. Steinman:
Lawrence W. Sinclair and Sinclair Publishing, Inc. hereby agree to jointly and severally indemnify
and hold harmless Barnes & Noble, Inc. and Barnesandnoble.com LLC (collectively, "Barnes &
Noble") from and against any and all claims, causes of action, liabilities, losses, damages,
penalties, assessments, judgments, awards or costs, including reasonable attorneys' fees and
costs, and including any amounts paid by Barnes & Noble in a settlement approved by Lawrence
W. Sinclair and/or Sinclair Publishing, Inc. ("Claims"), arising out of, resulting from, or relating to,
the book entitled Barack Obama & Larry Sinclair: Cocaine, Sex, Lies and Murder, authored by
Lawrence W. Sinclair and published by Sinclair Publishing, Inc. (the "Book"), including, but not
limited to, any Claims arising out of the lawsuit captioned Parisieta/, v. Lawrence W. Sinclair
a/k/a "Larry Sinclair" et al., Index No. l:10-cv-00897 (D.D.C.) (Leon, J.).
Lawrence W. Sinclair and Sinclair Publishing, Inc. agree that Barnes & Noble shall have the right
to defend the Claims by counsel of its own choosing under the terms of this indemnification
agreement. Lawr^neerWTjSinclair and Sinclair Publishing, Inc. further agree that they will pay
Barnes & NoWe^y-sqpRs^ue under this indemnity within 60 days of receipt of each bill for legal
fees op^^^5Tof^fiy^6urt order or other applicable document.
Lawrence wTSinclair
Individually and for Sinclair Publishing, Inc
9 Spring Drive PHONE (386)506-8912/866-966-6599

Port Orange, Florida E-MAIL lsinclair@sindairpublishingllc.com
32129 WEB SITE http://sindairpublishingllc.com
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
)
DANIEL PARISI, WHITEHOUSE.COM )
INC., WHITEHOUSE.COM NETWORK )
LLC AND WHITEHOUSE )
COMMUNICATIONS INC., )
)
Plaintiffs, )
)
- against - )
)
LAWRENCE W. SINCLAIR ) 10 Civ. 00897 (RJL)
A/K/A “LARRY SINCLAIR”, JEFFREY )
RENSE, BARNES & NOBLE, INC., )
BARNESANDNOBLE.COM LLC, )
AMAZON.COM, INC., BOOKS-A- )
MILLION, INC. and SINCLAIR )
PUBLISHING, INC., )
)
Defendants. )
)
BARNES & NOBLE, INC. and )
BARNESANDNOBLE.COM LLC et al. )
)
Crossclaim-Plaintiffs, )
)
- against - )
)
LARRY SINCLAIR and SINCLAIR )
PUBLISHING LLC, )
)
Crossclaim-Defendants. )
)
X
DEFENDANTS BARNES & NOBLE BOOKSELLERS, INC. and

BARNESANDNOBLE.COM LLC’S LCvR 7.1 CERTIFICATE
I, the undersigned counsel of record for Defendants Barnes & Noble Booksellers, Inc.
and barnesandnoble.com LLC, certify that, to the best of my knowledge and belief, Defendant
Barnes & Noble Booksellers, Inc is a wholly-owned subsidiary of Barnes and Noble, Inc., which
has outstanding securities in the hands of the public. Additionally, defendant
barnesandnoble.com LLC is a wholly-owned subsidiary of defendant Barnes & Noble

Booksellers, Inc. Neither Barnes & Noble Booksellers, Inc. nor barnesandnoble.com LLC have
any outstanding securities in the hands of the public.
These representations are made in order that judges of this court may determine the need
for recusal.
Dated: New York, New York

August 24, 2010
Respectfully submitted,
DAVIS WRIGHT TREMAINE, LLP
By: /s/ Linda Steinman

John Rory Eastburg (D.C. Bar No. 984434)
1919 Pennsylvania Avenue, NW, Suite 800

Washington, D.C. 20006
Attorneys for Defendants Barnes & Noble

Booksellers, Inc, and barnesandnoble.com LLC
2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 24th day of August, 2010, true and correct copies of
the foregoing Defendants’ Rule LCvR 7.1 Certificate were served via ECF upon all counsel of
record and upon the following persons by first-class mail:
Lawrence W. Sinclair,
P.O. Box 1963
Washington, DC 20013
(218) 269-2274
Dated: August 24, 2010 /s/ Linda Steinman


Parisi V Sinclair: 42 - B&N ANSWER and CROSSCLAIM W/exhibits

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Case 1:10-cv-00897-RJL Document 42 Filed 08/24/10 Page 1 of 23

IN THE UNITED STATES DISTRICT COURT

ANSWER, AFFIRMATIVE DEFENSES AND CROSSCLAIMS OF DEFENDANTS

Daniel Parisi, Whitehouse.com Inc., Whitehouse.com Network LLC and Whitehouse

Communications Inc. (collectively, “Plaintiffs”) as follows:

PDF processed with CutePDF evaluation edition www.CutePDF.com

1. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations of paragraph 1 of the Complaint.

2. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations of paragraph 2 of the Complaint.

3. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations of paragraph 3 of the Complaint.

4. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations of paragraph 4 of the Complaint.

5. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations of paragraph 5 of the Complaint.

6. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations of paragraph 6 of the Complaint.

Booksellers, Inc., which is a wholly-owned subsidiary of Barnes & Noble, Inc.

8. Admits the allegations of paragraph 8 of the Complaint.

9. States that no response is required to Paragraph 9 of the Complaint.

10. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations of paragraph 10 of the Complaint.

11. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations of paragraph 11 of the Complaint.

12. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations of paragraph 12 of the Complaint.

JURISDICTION AND VENUE

Columbia via its retail stores and its website, barnesandnoble.com.

16. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations of paragraph 16 of the Complaint.

17. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations of paragraph 17 of the Complaint.

18. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations of paragraph 18 of the Complaint.

Iowa Democratic caucus.

21. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations of paragraph 21 of the Complaint.

22. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations of paragraph 22 of the Complaint.

23. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations of paragraph 23 of the Complaint.

24. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations of paragraph 24 of the Complaint.

25. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations of paragraph 25 of the Complaint.

26. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations of paragraph 26 of the Complaint.

27. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations of paragraph 27 of the Complaint.

28. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations of paragraph 28 of the Complaint.

29. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations of paragraph 29 of the Complaint.

30. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations of paragraph 30 of the Complaint.

31. Denies knowledge or information sufficient to form a belief as to the truth

& Murder?” (the “Book”) by Lawrence W. Sinclair.

32. Denies knowledge or information sufficient to form a belief as to the truth

the Book for its contents.

33. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations of paragraph 33 of the Complaint.

34. Denies knowledge or information sufficient to form a belief as to the truth