Free Answer to Complaint - District Court of Connecticut - Connecticut

Case 3:03-cv-01003-AWT

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT VALENTINE BUCKNOR, Plaintiff, v. C&S WHOLESALE GROCERS, INC., Defendant. : : : : : : : : :

CIVIL ACTION NO. 3:03-CV-01003 (AWT)

APRIL 26, 2004

ANSWER AND AFFIRMATIVE DEFENSES I. INTRODUCTION 1. C&S Wholesale Grocers, Inc. ("C&S") makes no response to Plaintiff's

preliminary statement. II. JURISDICTION AND VENUE 2. 3. Admitted. C&S admits the allegations of paragraph 3, but lacks knowledge or

information necessary to admit or deny the date on which Plaintiff alleges to have received the Notice of Right to Sue. 4. C&S admits the first sentence, but does not respond to the second sentence, as

it is in the form of a jurisdictional statement. 5. statement. C&S does not respond to this paragraph, as it is in the form of a jurisdictional

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6. statement. 7. statement. 8. III.

C&S does not respond to this paragraph, as it is in the form of a jurisdictional

C&S does not respond to this paragraph, as it is in the form of a jurisdictional

Admitted.

PARTIES 9. C&S lacks knowledge or information necessary to admit or deny the

allegations, and therefore leaves the plaintiff to his proof. 10. IV. Admitted.

FACTS 11. 12. 13. 14. 15. 16. 17. 18. Admitted. Admitted. Denied. Admitted. Denied. Denied. Denied. C&S admits that Plaintiff's employment was terminated on March 2, 2001,

but denies the remaining allegations. 19. Denied.

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20. 21.

Admitted. C&S lacks knowledge or information necessary to admit or deny the

allegations of the first five sentences of paragraph 21. Upon information and belief, C&S denies the remaining allegations. 22. 23. V. Denied. Denied.

FIRST COUNT 24. Denied.

VI.

SECOND COUNT 25. Denied.

VII.

THIRD COUNT 26. Denied. AFFIRMATIVE DEFENSES

FIRST AFFIRMATIVE DEFENSE (as to all Counts) Plaintiff has failed to state a claim upon which relief may be granted. SECOND AFFIRMATIVE DEFENSE (as to all Counts) Upon information and belief, Plaintiff has failed to mitigate his damages. THIRD AFFIRMATIVE DEFENSE (as to First Count) Plaintiff is not a qualified person with a disability.

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FOURTH AFFIRMATIVE DEFENSE (as to First Count) C&S reasonably accommodated Plaintiff by providing him with a lighter-duty position. FIFTH AFFIRMATIVE DEFENSE (as to Second Count) Upon information and belief, Plaintiff failed to properly invoke Defendant's antiharassment policies. DEFENDANT ­ C&S WHOLESALE GROCERS, INC. By /s/ Derek T. Werner Lissa J. Paris ­ ct04251 Derek T. Werner - ct23419

Murtha Cullina LLP CityPlace I - 185 Asylum Street Hartford, Connecticut 06103-3469 Telephone: (860) 240-6000 Facsimile: (860) 240-6150 Its Attorneys

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CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer and Affirmative Defenses was mailed first-class, postage prepaid, on this 26th day of April, 2004 to: Kenneth I. Friedman Law Offices of Kenneth I. Friedman 2389 Main Street Glastonbury, Connecticut 06033 /s/ Derek T. Werner Derek T. Werner ­ ct23419