Free Answer - District Court of Federal Claims - federal

Case 1:05-cv-01043-VJW

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS JORGE A. DELPIN-APONTE, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-1043C (Judge Wolski)

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

plaintiffs' characterization of their case, to which no answer is required; to the extent they may be deemed 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 they may be deemed allegations of fact, they are denied. 3. The allegations contained in the first sentence of paragraph 3 constitute

conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Admits the allegations contained in the second sentence of paragraph 3. Denies the allegations contained in the third sentence of paragraph 3 for lack of knowledge or information sufficient to form a belief as to their truth. 4. 5. Admits the allegations contained in paragraph 4. Denies the allegations contained in paragraph 5 for lack of knowledge or

information sufficient to form a belief as to their truth. 6. Denies the allegations contained in paragraph 6 that John Potter, Postmaster

General of the United States, is properly named a defendant in this case; denies the allegations contained in paragraph 6 that John Potter's proper title is "General Postmaster;" admits the remaining allegations contained in paragraph 6.

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7. 8.

Denies. Denies the allegations contained in paragraph 8 that the USPS is or was the

plaintiffs' employer "at all relevant times hereto . . . (as stated below)" for lack of knowledge or information sufficient to form a belief as to their truth. The remainder of the allegations contained in paragraph 8 constitute conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 9. 10. Denies. The allegations contained in paragraph 10 constitute conclusions of law to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 11. The allegations contained in paragraph 11 constitute conclusions of law to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 12. The allegations contained in paragraph 12 constitute conclusions of law and

plaintiffs' characterization of their case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 13. The allegations contained in paragraph 13 constitute conclusions of law to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 14. The allegations contained in paragraph 14 constitute conclusions of law and

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

plaintiffs' characterization of their case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 16. 17. Denies. Admits that overtime for USPS employees working in Puerto Rico is calculated in

the same manner as overtime for USPS employees working in Alaska and Hawaii, and that this

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manner of calculating overtime is in accordance with the FLSA; otherwise denies the allegations contained in paragraph 17. 18. Denies the allegations contained in the first sentence of paragraph 18 for lack of

knowledge or information sufficient to form a belief as to their truth. The allegations contained in the second and third sentences of paragraph 18 constitute plaintiffs' characterization of their case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 19. The allegations contained in paragraph 19 relate to plaintiffs' retirement pay

claim, dismissed for lack of jurisdiction pursuant to the Court's June 12, 2007 order, to which no answer is required. 20. The allegations contained in the first sentence of paragraph 20 constitute

plaintiffs' characterization of their case and conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Denies the allegations contained in the second sentence of paragraph 20 regarding whether each plaintiff is currently an employee for lack of knowledge or information sufficient to form a belief as to their truth; otherwise denies the allegations contained in the second sentence of paragraph 20. 21. The allegations contained in paragraph 21 constitute plaintiffs' characterization of

their case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 22. The allegations contained in the first sentence of paragraph 22 constitute

plaintiffs' characterization of their case and conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Denies the allegations contained in the second sentence of paragraph 22 regarding the number of current USPS employees in Puerto Rico; the remainder of the allegations contained in the second sentence of paragraph 22 constitute conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. -3-

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23.

The allegations contained in the first sentence of paragraph 23 constitute

conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Denies the allegations contained in the second sentence of paragraph 23. 24. The allegations contained in the first sentence of paragraph 24 constitute

conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied for lack of knowledge or information sufficient to form a belief as to their truth. Denies the allegations contained in the second sentence of paragraph 24. 25. The allegations contained in paragraph 25 constitute conclusions of law to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied for lack of knowledge or information sufficient to form a belief as to their truth. 26. The allegations contained in paragraph 26 constitute conclusions of law, to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 27. Defendant's responses to all other paragraphs of the amended complaint are

incorporated by reference. 28. The allegations contained in paragraph 28 constitute conclusions of law to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 29. The allegations contained in paragraph 29 constitute conclusions of law to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 30. The allegations contained in the first sentence of paragraph 30 constitute

plaintiffs' characterization of their case and conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 31. Defendant's responses to all other paragraphs of the amended complaint are

incorporated by reference. 32. Denies that plaintiffs are entitled to the relief set forth in paragraph 32, or to any

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33.

Defendant's responses to all other paragraphs of the amended complaint are

incorporated by reference. 34. 35. 36. Denies. Denies. Denies that plaintiffs are entitled to the relief set forth in paragraph 36, or to any

relief whatsoever. 37. Defendant's responses to all other paragraphs of the amended complaint are

incorporated by reference. 38. 39. Denies. Denies that plaintiffs are entitled to the relief set forth in paragraph 39, or to any

relief whatsoever. 40. Denies that plaintiffs are entitled to the relief set forth in paragraph 40, or to any

relief whatsoever. 41. Defendant's responses to all other paragraphs of the amended complaint are

incorporated by reference. 42. 43. Denies. Denies the allegations contained in the first sentence of paragraph 43. Denies that

plaintiffs are entitled to the relief set forth in the second sentence of paragraph 43, or to any relief whatsoever. 44. Denies that plaintiffs are entitled to the relief set forth in paragraph 44, or to any

relief whatsoever. 45. Denies that plaintiffs are entitled to the relief set forth in the prayer for relief

immediately following paragraph 44, or to any relief whatsoever. 46. Denies each and every allegation not previously admitted or otherwise qualified.

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WHEREFORE, defendant requests that the Court enter judgment in its favor, order that the amended complaint be dismissed, and grant defendant such other and further relief as the Court may deem just and proper.

PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Mark A. Melnick MARK A. MELNICK Assistant Director /s/ Michael Dierberg MICHAEL DIERBERG Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Class. Unit, 8TH Floor 1100 L Street, N.W. Washington, D.C. 20530

Of Counsel: DANIEL GARRY Attorney Law Department United States Postal Service 475 L'Enfant Plaza, SW Washington, D.C. 20260 July 24, 2007

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