Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:06-cv-00068-JJF

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Filed 07/26/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ALVIA LACY, Plaintiff, v. NATIONAL RAILROAD PASSENGER CORPORATION ("AMTRAK"), Defendant. * * * * * * * * * * * * * * * * Civil Action No.: 1:06-cv-00068-JJF

DEFENDANT NATIONAL RAILROAD PASSENGER CORPORATION'S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S COMPLAINT Defendant National Railroad Passenger Corporation ("Amtrak"), by counsel and pursuant to the Federal Rules of Civil Procedure, hereby files its Answer and Affirmative Defenses to pro se Plaintiff Alvia Lacy's Complaint. FIRST DEFENSE The Complaint fails to state any claim upon which relief can be granted. SECOND DEFENSE Some or all of Plaintiff's claims are barred by the applicable statutes of limitations. THIRD DEFENSE Some or all of Plaintiff's claims are barred because Plaintiff did not file suit within 90 days from her receipt of the Dismissal and Notice of Rights from the Equal Employment Opportunity Commission.

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FOURTH DEFENSE Some or all of Plaintiff's claims are barred by the doctrines of laches; waiver; and estoppel. FIFTH DEFENSE Plaintiff's claims are not actionable because the challenged employment practices are justified by legitimate, non-discriminatory, and non-pretextual business reasons unrelated to race, color, or gender, and not in retaliation for any protected activity in which Plaintiff engaged. SIXTH DEFENSE Some or all of Plaintiff's claims cannot be litigated because they are beyond the scope of Plaintiff's administrative charge, were not subject to administrative investigatory or conciliation processes, and were not included in any determination by the Equal Employment Opportunity Commission. SEVENTH DEFENSE Some or all of Plaintiff's claims are preempted by the Railway Labor Act, 45 U.S.C. §§ 151 et. seq. (the "RLA"). EIGHTH DEFENSE Plaintiff's Complaint should be dismissed because he failed to exhaust his administrative remedies under the RLA. NINTH DEFENSE Plaintiff cannot establish a prima facie case of race, color, or gender discrimination under Title VII.

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TENTH DEFENSE Plaintiff cannot establish a prima facie case of retaliation under Title VII. ELEVENTH DEFENSE Amtrak admits or denies the correspondingly numbered allegations of the Complaint as follows: 1. Admitted that Plaintiff's Complaint purports to be brought under Title VII

of the Civil Rights Act of 1964, as amended, for employment discrimination and that this Court has jurisdiction over claims brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5. 2. Amtrak is without sufficient knowledge to admit or deny whether Plaintiff

resides at 1306 Jervis Square, Belcamp, Maryland 21017. 3. Admitted that Amtrak's main corporate office is located at 60

Massachusetts Ave. NE, Washington, DC 20002. 4. Admitted that Amtrak has office locations at both locations mentioned in

the paragraph but denies that any discrimination occurred. 5. 6. Denied. Plaintiff has not indicated an answer to this question on the form

Complaint. Regardless, Amtrak denies that any discriminatory practice, continuing or not, occurred in regard to Plaintiff. 7. Amtrak is without sufficient knowledge to admit or deny whether Plaintiff

filed charges with the Department of Labor of the State of Delaware on October 20, 2004. In all other respects, denied.

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8.

Amtrak is without sufficient knowledge to admit or deny whether Plaintiff

filed charges with the Equal Employment Opportunity Commission on November 2, 2005. In all other respects, denied. 9. Amtrak admits that the Equal Employment Opportunity Commission

issued a Notice-of-Right-to-Sue letter dated November 2, 2005. Amtrak is without sufficient knowledge to know when Plaintiff received the Notice-of-Right-to-Sue letter. In all other respects, denied. 10. Admitted that Plaintiff alleges that her failure to be promoted and the

"other acts" specified were based upon race, color, or gender discrimination and retaliation. In all other respects, denied. 11. 12. Denied. Admitted that Plaintiff attached a copy of her charges with the Equal

Employment Opportunity Commission to the Complaint. As to the alleged facts Plaintiff presents in typed paragraphs 1 through 4 under the heading "COMPLAINT UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964," provided on a separate sheet attached to the form Complaint, Amtrak responds as follows: 1. 2. Denied. Amtrak admits that Plaintiff has applied for management positions

within the company. In all other respects, denied. 3. Amtrak admits that Plaintiff was a member of the class in the

McLaurin lawsuit. In all other respects, denied. 4. Denied.

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13. 14.

Denied. Amtrak denies that Plaintiff is entitled to any relief whatsoever. Prayer for Relief

Amtrak denies that Plaintiff is entitled to judgment and denies that Plaintiff is entitled to any of the relief request in her Complaint. Any allegations not specifically admitted or denied are hereby denied. WHEREFORE, Defendant respectfully requests that the Court enter judgment in its favor, and against Plaintiff, and award Defendant its costs and reasonable attorneys' fees in this lawsuit, and award such other relief as may be just and proper in this case. Respectfully submitted,

-sVirginia A. Zrake, DE Bar No. 4054 Law Office of Virginia A. Zrake, LLC 34382 Carpenters Way P.O. Box 247 Lewes, DE 19958 (302) 644-6770 [email protected]

-sDarrell R. VanDeusen, #08231 MD Clifton R. Gray, #27895 MD Kollman & Saucier, P.A. Sun Life Building, 8th Floor 20 South Charles Street Baltimore, MD 21201 (410) 727-4300 [email protected] Counsel for National Railroad -5-

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Passenger Corporation CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 25th day of July, 2006 a copy of the aforegoing Answer was mailed, first class, postage prepaid to Ms. Alvia Lacy, 1306 Jervis Square, Belcamp, Maryland 21017, Plaintiff pro se.

-sVirginia A. Zrake

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