Free Answer - District Court of Federal Claims - federal

Case 1:05-cv-01227-EJD

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS QASEM M. AL-ALI, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-1227C (Chief Judge Damich)

DEFENDANT'S ANSWER TO AMENDED COMPLAINT For its answer to the complaint, defendant admits, denies, and alleges as follows: 1. The allegations contained in paragraph 1 constitute plaintiffs'

characterization of their claim to which no answer is required; to the extent that they constitute allegations of fact, they are denied. 2. The allegations contained in paragraph 2 constitute conclusions of law to

which no answer is required; to the extent that they may be deemed allegations of fact, defendant admits that it employs or employed named plaintiffs, otherwise denies. 3. The allegations contained in paragraph 3 constitute conclusions of law to

which no answer is required; to the extent that they may be deemed allegations of fact, they are denied. 4. The allegations contained in paragraph 4 constitute conclusions of law to

which no answer is required; to the extent that they may be deemed allegations of fact, they are denied. 5. The allegations contained in paragraph 5 constitute conclusions of law to

Case 1:05-cv-01227-EJD

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which no answer is required; to the extent that they may be deemed allegations of fact, they are denied. 6. The allegations contained in paragraph 6 constitute conclusions of law to

which no answer is required; to the extent that they may be deemed allegations of fact, they are denied. 7. The allegations contained in paragraph 7 constitute conclusions of law to

which no answer is required; to the extent that they may be deemed allegations of fact, they are denied. 8. Admits that the plaintiffs are or were supervisors at Immigration and

Customs Enforcement. 9. The allegations contained in paragraph 9 constitute conclusions of law to

which no answer is required; to the extent that they may be deemed allegations of fact, they are denied. 10. 11. Admits. Defendant denies the allegations contained in paragraph 11 for lack of

knowledge or information sufficient to form a belief as to their truth. 12. Defendant denies the allegations contained in paragraph 12 for lack of

knowledge or information sufficient to form a belief as to their truth. 13. Defendant denies the allegations contained in paragraph 13 for lack of

knowledge or information sufficient to form a belief as to their truth.

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14.

The allegations contained in paragraph 14 constitute conclusions of law to

which no answer is required; to the extent that they may be deemed allegations of fact, they are denied. 15. The allegations contained in paragraph 15 constitute conclusions of law to

which no answer is required; to the extent that they may be deemed allegations of fact, they are denied. 16. The allegations contained in paragraph 16 constitute conclusions of law to

which no answer is required; to the extent that they may be deemed allegations of fact, they are denied. 17. The allegations contained in paragraph 17 constitute plaintiffs'

characterization of their claim to which no answer is required; to the extent that they constitute allegations of fact, they are denied. 18. Denies that plaintiffs are entitled to the relief set forth in the prayer for

relief following paragraph 17, or to any relief whatsoever. 19. Denies each and every allegation not previously admitted or qualified. AFFIRMATIVE DEFENSES 20. As its first affirmative defense, defendant states that plaintiffs are not

entitled to overtime pursuant to the executive exemption to the Fair Labor Standards Act. 5 C.F.R. § 551.205. 21. As its second affirmative defense, defendant states that plaintiffs are not

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entitled to overtime pursuant to the administrative exemption to the Fair Labor Standards Act. 5 C.F.R. § 551.206. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director

s/Michael N. O'Connell MICHAEL N. O'CONNELL Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 307-0282 Attorneys for Defendant Dated: January 23, 2006

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CERTIFICATE OF FILING I hereby certify that on January 23, 2005 a copy of the foregoing was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. s/Michael O'Connell

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