Free Answer to Complaint - District Court of Connecticut - Connecticut

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UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
ITY"' '? II III
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PATRICIA HOEY, A
IGI} i}‘ZZi” I EES IJ T3= 3 l I
Plaintiff, I
if .5 { Q} `I` Ei I I.} if =`i `I- I
v. Civil Action No. 303CV713 (IIItIA\IIl`l)I°`iQllcIIJ Cjll Q
JOHN E. POTTER,
POSTMASTER GENERAL, I
UNITED STATES POSTAL SERVICE
Defendant.
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ANSWER
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1. Defendant admits the allegations of Paragraph 1 of the Complaint.
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2. The second paragraph ofthe form Complaint was left blank, and therefore no
answer is required. `
3. The third paragraph of the Complaint identifies the jurisdictional bases of Plaintiffs
action, and as such, states a legal conclusion as to which no response is required. To
the extent the paragraph may be deemed to state allegations of fact, they are denied.
4. The fourth paragraph of the Complaint states the nature of PIaintiff’s Complaint, and
as such no response is required. To the extent the paragraph may be deemed to state I
allegations of fact, they are denied.
5. Defendant denies the allegations of Paragraph 5 ofthe Complaint.
6. Paragraph 6 references an attached document, five pages in length, which contains I
numerous unnumbered statements. Defendant admits Plaintiff has been employed by
Defendant since December 3, 1977, and, as of the dates in the Complaint, was
assigned to work as a flat sorter machine operator on tour two at the Stamford `
Processing and Distribution Center, 427 West Avenue, Stamford, CT 06910-9997. I
Defendant admits that it is aware that Plaintiff has a hearing impairment. Defendant is

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without sufficient knowledge or information to form a belief about the remaining
allegations, and therefore denies the allegations and leaves Plaintiff to her proof. E
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7. Defendant admits the allegations of Paragraph 7 of the Complaint. i
8. Defendant denies the allegations of Paragraph 8 ofthe Complaint.
9. Defendant admits the allegations of Paragraph 9 of the Complaint.
10. Defendant admits the allegations of Paragraph 10 of the Complaint. I
11. As for the allegations in the first sentence of Paragraph eleven, Defendant avers |
that an administrative judge ofthe EEOC issued a dismissal order finding no
discrimination on November 19, 2002. Defendant denies the allegations of the second E
sentence of Paragraph eleven of the Complaint. _
12. Defendant denies the allegations of Paragraph 12 of the Complaint. j
13. The remaining paragraph sets forth Plaintiff’s prayer for relief and request for a jury `
trial and, as such, no response is required. To the extent the paragraph may be
deemed to state allegations of fact, they are denied.
AFFIRMATIVE DEFENSES
1. Plaintiff fails to state a claim for relief for discrimination based on disability.
2. Plaintiff fails to state a claim for relief for harassment based on disability.
3. Defendant is not subject to suit under the Americans with Disabilities Act ("ADA"),
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and the Court lacks subject matter jurisdiction over this claim.
4. Plaintiff failed to timely exhaust her administrative remedies as to some or all of
her claims.
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Respectfully submitted, |
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» KEVIN J. O’CONNOR {
UNITED STATES ATTORNEY N
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By: [/L ’
Anna V. Crawfo ‘
Special Assistant U.S. Attorney
United States Postal Service
8 Griffin Road North
Windsor, CT 06006-0170
Tel. (860) 285-7309 i
Fax: (860) 285-7397 j
Fed. Bar No. ct01394
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CERTIFICATE OF SERVICE N
I hereby certify that a copy of the Defendant’s Answer was sent by First Class N
Mail, this 15th of October, 2003, to: I
l Plaintiff (Pro Se)
Patricia Hoey `
2005 High Ridge Rd. N
Stamford, CT 06903-4232 N
Lauren Nash N
Assistant U.S. Attorney I
District of Connecticut
P.O. Box 1824
New Haven, CT 065084824
Anna V. Omg? N
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