Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:05-cv-00877-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ROLAND C. ANDERSON, Plaintiff v. GENERAL MOTORS CORPORATION, Defendant. ) ) ) ) ) ) ) ) )

Civil Action No. 05-877-JJF

ANSWER Defendant General Motors Corporation ("GM"), for its answer to Plaintiff's Complaint avers, denies and states as follows: 1. Answering Paragraph 1 of the Complaint, GM admits plaintiff seeks to

assert race discrimination claims under Title VII of the Civil Rights Act of 1964 but denies its actions violated the enumerated statute. 2. Answering Paragraph 2 of the Complaint, GM admits the allegations

contained therein upon information and belief. 3. Answering Paragraph 3 of the Complaint, GM admits the allegations

contained therein. 4. Answering Paragraph 4 of the Complaint, GM denies the allegations

contained therein. 5. Answering Paragraph 5 of the Complaint, GM denies the allegations

contained therein.

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6.

Answering Paragraph 6 of the Complaint, GM admits plaintiff filed a

Charge of Discrimination with the EEOC but denies its actions violated Title VII and denies the remaining allegation contained therein. 7. Answering Paragraph 7 of the Complaint, GM states that the document

speaks for its and does not require a response from GM. 8. Answering Paragraph 8 of the Complaint, GM denies the allegations

contained therein. 9. Answering Paragraph 9 of the Complaint, GM denies the allegations

contained therein 10. Answering Paragraph 10 of the Complaint, GM denies the allegations

contained therein 11. Answering Paragraph 11 of the Complaint, GM denies plaintiff is entitled

to any of the requested relief. 12. Answering the allegations contained in Exhibit A, GM denies the

allegations contained therein. WHEREFORE, having fully answered plaintiff's Complaint, GM prays for judgment in its favor and against plaintiff and for reasonable attorneys' fees and costs incurred in connection with the defense of this litigation, and for any other relief the Court deems just and proper. AFFIRMATIVE AND OTHER DEFENSES 1. Further answering plaintiff's Complaint, GM denies each and every

allegation contained therein which has not been specifically admitted herein. 2. Further answering plaintiff's Complaint, GM states that plaintiff's

Complaint fails to state a claim on which relief can be granted.

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3.

Further answering plaintiff's Complaint, GM states that plaintiff's alleged

right to recovery is barred in whole or in part by his failure to mitigate any alleged damages. 4. Further answering plaintiff's Complaint, GM states that any actions with

regard to plaintiff were at all times taken in good faith and for legitimate business reasons and not for any discriminatory or illegal purpose, and that the same actions would have been taken based on legitimate, nondiscriminatory grounds regardless of any protected status. 5. Further answering plaintiff's Complaint, GM states that plaintiff's

Complaint is barred or limited, in whole or in part, by the applicable statutes of limitations. 6. Further answering plaintiff's Complaint, GM states that some or all of

plaintiff's claims are barred to the extent that a timely Charge of Discrimination was not filed with respect to all of the claims alleged in the Complaint and plaintiff has not exhausted the requisite administrative procedures with respect to all of the claims set forth in plaintiff's Complaint. 7. Further answering plaintiff's Complaint, GM specifically denies the

existence of any causal connection of plaintiff's alleged damages to the conduct alleged by plaintiff. 8. Further answering plaintiff's Complaint, GM states that it presently has

insufficient knowledge of additional, as yet unstated, affirmative defenses available. GM reserves the right to assert additional affirmative defenses in the event discovery indicates they would be appropriate.

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WHEREFORE, having fully answered plaintiff's Complaint, defendant General Motors Corporation prays for judgment in its favor and against plaintiff and for reasonable attorney's fees and costs incurred in connection with the defense of this litigation, and for any other relief the Court deems just and proper.

Respectfully submitted,

YOUNG CONAWAY STARGATT & TAYLOR, LLP /s/ Teresa A. Cheek________________________ Sheldon N. Sandler (Del. Bar No. 0245) Teresa A. Cheek (Del. Bar No. 2657) The Brandywine Building, 17th Floor 1000 West Street P.O. Box 391 Wilmington, DE 19801 Telephone: (302) 571-6676 Facsimile: (302) 576-3286 Email: [email protected] Attorneys for Defendant

OF COUNSEL: David C. Vogel Michael A. Williams 2345 Grand Boulevard Suite 2800 Kansas City, Missouri 64108-2684 Telephone: (816) 292-2000 Telecopier: (816) 292-2001 Attorneys for Defendant

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