Free Answer to Complaint - District Court of Delaware - Delaware

A _ Case 1 :07-cv-00005-SLR Document 41 Filed O4/25/2008 Page 1 of 3
THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DAVID A. SMILEY :
l Plaintiff, : C.A.N0.I:07—005—SLR
v. :
: JURY TRIAL DEMANDED
UAW LOCAL 1183 :
Defendant :
ANSWER OF DEFENDANT
UAW LOCAL 1183
TO PLAINTIFF’S COMPLAINT
The United Automobile, Aerospace, Agricultural Implement Workers of America ("UAW")
Local 1183 ("Local 1183" or the "Union"), through its undersigned counsel, hereby answers
plaintiffs "Amended" Complaint‘ as follows. Plaintiff has not numbered the paragraphs in the
Complaint. The Union’s answers correspond to each ofthe allegations contained in the unnumbered
paragraphs as though Plaintiff had actually numbered each paragraph.
1. Denied. Further, the Union filed a grievance on Plaintiff s behalf
2. Denied. Further, the Union did attempt to represent Plaintiff.
3. No response is necessary. If a response is deemed necessary, the averments
in this paragraph are denied.
4. Denied. _
‘On September 27, 2007, Plaintiff moved to amend his Complaint to add the Union as a
defendant. On April 8, 2008, Plaintiff "served" a copy ofthe Complaint, styled "Plaintiff David
Smiley’s Complaint against defendant UAW Local 1183" by leaving a copy ofthe Complaint,
without summons, at the Union’s office.

. Case 1 :07-lcv-ODOO5-SLR Document 41 Filed O4/25/2008 Page 2 of 3
S. Denied. The Union properly investigated Plaintiffs termination from
employment. '
Denied. The Union has not breached its duty of fair representation to the
Plaintiff. '
7. Denied.
8. No response is necessary. If a response is deemed necessary, the averments
in this paragraph are denied. . _ y _ _
9. No response is necessary. If a response is necessary, the averments in this
paragraph are denied.
10. No response is necessary. If a response is necessary, the averments in this
paragraph are denied.
11. Denied.
12. Denied.
13. Denied.
14. No response is necessary. If a response is necessary, the averments in this
paragraph are denied.
WHEREFORE, the Union respectfully requests that the complaint be dismissed in
its entirety.
AFFIRMATIVE DEFENSES
1. The complaint fails to state claims upon which relief may be granted.
2. Plaintiff s claims are barred by the applicable statutes of limitations.
1

. Case 1 :07-cv-00005-SLR Document 41 Filed O4/25/2008 Page 3 ot 3
3. Plaintiff has failed to exhaust his administrative remedies by tiling a charge
of discrimination against the Union with the appropriate Agency and receiving a Right to Sue Notice
prior to tiling suit.
4. Plaintiffs state law claims are preempted by federal law.
1 5. Plaintiff failed to exhaust his administrative remedies with the Union.
WHEREFORE, Defendant UAW Local 1183 respectfully requests that the
Complaint be dismissed with prejudice, with costs to be borne by Plaintiff.
Law Ofiices of Joseph J. Rhoades
By: /s/ Joseph J. Rhoades
JOSEPH J. RHOADES, ESQUIRE
Attorney LD. No. 2064
Legal Arts Building - Suite 1200
1225 King Street
Wilmington, DE 19801 4
(302) 427-9500
Attorney for Defendant
Of Counsel:
Cleary & Josem LLP
William T. Josem, Esquire
Attorney I.D. No. 32183
Regina C. Hertzig, Esquire
Attorney I.D. No. 46917
Robert F. Henninger, Esquire
Attorney I.D. No. 69211
1650 Market Street, 51s‘ Floor
Philadelphia, PA 19103
(215) 735-9099
Dated: April 25, 2008