Free Answer to Complaint - District Court of Colorado - Colorado

Case 1:01-cv-01567-WYD-CBS

Document 106

Filed 06/21/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-01567-WYD-CBS SALVATORE GIOVE, Plaintiff, v. DEPARTMENT OF TRANSPORTATION, Defendant. ________________________________________________________________________ ANSWER OF DEPARTMENT OF TRANSPORTATION ________________________________________________________________________ The Department of Transportation, by and through the undersigned counsel, answers plaintiff's Title VII Complaint as follows: 1. 2. 3. Admit. Admit. Paragraph 3 contains a statement of jurisdiction. To the extent that an

answer is required, denied as to those claims that plaintiff has failed to exhaust. 4. 5. 6. 7. Admit. Deny. Omitted. Deny.

Case 1:01-cv-01567-WYD-CBS

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8. denied. 9. 10. 11. 12.

The defendant is without sufficient information to admit or deny, therefore

Deny. Deny. Request for Relief, deny. The defendant denies each and every other allegation not specifically

admitted herein. AFFIRMATIVE DEFENSES 1. 2. Plaintiff fails to state a claim upon which relief may be granted. Plaintiff's claims are barred as he elected to pursue a grievance under a

negotiated grievance procedure which allows for discrimination claims. 3. Plaintiff has failed to name the proper party for his claims brought pursuant

to Title VII of the Civil Rights Act, as amended. 4. Plaintiff has failed to exhaust his administrative remedies before filing this

action in federal court. 5. Plaintiff is not entitled to punitive damages against the government.

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DATED this 21st day of June, 2005. Respectfully submitted, WILLIAM J. LEONE ACTING UNITED STATES ATTORNEY

S/ Mark S. Pestal Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 (303) 454-0100

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Case 1:01-cv-01567-WYD-CBS

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Filed 06/21/2005

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF)

I hereby certify that on June 21, 2005, I electronically filed the foregoing with the Clerk of Court using the ECF system which will send notification of such filing to the following e-mail addresses:

[email protected] [email protected] _____________________________________ _____________________________________, and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand delivery, etc.) indicated by the nonparticipant's name: Denise Knapp, Esq. Federal Aviation Administration 1601 Lind Avenue, SW Renton, WA 98055

s/ ________________________ Mark S. Pestal Attorney for Defendant United States Attorney's Office 1225 17 th Street, Denver, CO 80202 PH: 303-454-0100 FX: 303-454-0408 [email protected]

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