Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00128-JJF

Document 9

Filed 04/13/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE YVES FLORESTAL, Plaintiff, v. GOLDEN HARRINGTON, LLC a Delaware limited liability company, and TWENTY-NINE CORP., a Maryland corporation, Defendants. ) ) ) ) ) Civil Action No. 07-128-JJF ) ) ) ) ) ) )

ANSWER

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.

Admitted. Admitted. Admitted. Admitted. Admitted. Denied that Plaintiff has any valid state law claims. Admitted. No answer necessary. Denied. Admitted. Denied, except admitted that Plaintiff has filed the complaint within 90

days of his receipt of the notice of right to sue. 12. 13.
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Admitted. Admitted.
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14. 15. 16. 17. 18.

Denied. Denied. Denied. Denied. Admitted that Plaintiff walked off the job on October 10, 2005 and

Defendant refused to rehire him. Otherwise, denied. 19. 20. 21. 22. this Answer. 23. 24. 25. this Answer. 26. 27. Denied. Denied. AFFIRMATIVE DEFENSES 28. 29. The Complaint fails to state a claim upon which relief can be granted. Some or all of Plaintiff's claims are barred by the doctrines of claim Denied. Denied. Defendants incorporate herein by reference paragraphs 1 through 24 of Denied. Denied. Denied. Defendants incorporate herein by reference paragraphs 1 through 21 of

preclusion or issue preclusion. 30. 31. The statute of limitations has run on some or all or Plaintiff's claims. To the extent Plaintiff has failed to mitigate his damages, he is barred from

recovering from the Defendants. 2
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32.

To the extent the Complaint is based upon conduct that was not the subject

of a timely filed charge of discrimination, Plaintiff's claims are barred for failure to exhaust administrative remedies. 33. Although Defendants deny that Plaintiff was exposed to a hostile work

environment, Defendants assert that they exercised reasonable care to prevent and correct promptly any harassing behavior and Plaintiff has unreasonably failed to take advantage of any preventive or corrective opportunity provided or to avoid harm otherwise. 34. After Plaintiff walked off the job, Defendants discovered that Plaintiff had

engaged in conduct that would have warranted discharge under company policy. Therefore, Plaintiff's right to recover damages beyond the date of such discovery will be cut off. WHEREFORE Defendants demand that the Complaint be dismissed, and that costs be assessed against Plaintiff.

YOUNG CONAWAY STARGATT & TAYLOR, LLP /s/ Sheldon N. Sandler Sheldon N. Sandler, Esquire (No. 0245) Michael P. Stafford, Esquire (No. 4461) The Brandywine Building 1000 West Street, 17th Floor P.O. Box 391 Wilmington, Delaware 19899-0391 Telephone: (302) 571-6673; (302) 571-6553 Facsimile: (302) 576-3330; (302) 576-3470 Email: [email protected] Email: [email protected] Attorneys for Defendants DATED: April 13, 2007

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