Free Answer to Counterclaim - District Court of Colorado - Colorado

Case 1:03-cv-02435-PSF-PAC

Document 254

Filed 09/19/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.:03-CV-02435-PSF-PAC Consolidated with 04-CV-00639-PSF-PAC LILLIAN F. SANDLE, Plaintiff, v. R. JAMES NICHOLSON, Secretary of Veterans Affairs, Defendant.

ANSWER TO COUNTERCLAIM

Plaintiff and Counterdefendant Lillian Sandle responds to the correspondingly numbered paragraphs of the Defendant and Counterclaimant's Counterclaim (the "Counterclaim") as follows: 1. Sandle admits that she received $50,000 from Counterclaimant. Sandle further

admits that she signed a document dated April 2, 1997, which purported to be a settlement agreement, but states that the document speaks for itself. Sandle denies the remaining allegations of paragraph 1. 2. Sandle admits that she wrote a letter to the agency dated on or about September

14, 1998, but states that the letter speaks for itself. Sandle admits that the agency responded and that on August 2, 2000, the EEOC entered an order in Sandle's favor, declaring that the April 2, 1997 purported settlement agreement was invalid.

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Case 1:03-cv-02435-PSF-PAC

Document 254

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3.

Sandle admits that the EEOC invalidated the purported settlement agreement.

Sandle denies the remaining allegations of paragraph 3. 4. Sandle admits that she is not bound by her release. Sandle further admits that she

was never requested to repay, and therefore did not repay the $50,000 she received from Counterclaimant. Sandle denies the remaining allegations of paragraph 4. 5. Sandle denies the allegations of paragraph 5. General Denial To the extent Sandle has not specifically admitted an allegation of Counterclaimant, such allegation is denied by Sandle. Affirmative Defenses 1. 2. hands. 3. Counterclaimant has failed to mitigate his damages, if any, as required by law. Counterclaimant fails to state a claim upon which relief can be granted. Counterclaimant's claim is barred, in whole or in part, by the doctrine of unclean

4. Counterclaimant's claim is barred, in whole or in part, by Counterclaimant's own prior breaches. 5. Counterclaimant's claim and damages, if any, are barred by the doctrines of laches, waiver and/or estoppel. 6. Sandle reserves the right to assert any additional affirmative defenses or to withdraw one or more of the defenses set forth above as appropriate.

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Case 1:03-cv-02435-PSF-PAC

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WHEREFORE, Sandle requests that this Court enter judgment on her behalf and against Counterclaimant, and award Sandle such other and further relief as this Court deems just and proper. Respectfully submitted this 19th day of September, 2006.

HOGAN & HARTSON L.L.P.

s/ Dugan Bliss Sean R. Gallagher Dugan Bliss Eric S. Howard Anne H. Turner 1200 Seventeenth Street, Suite 1500 Denver, CO 80202 Telephone: 303.899.7300 Fax: 303.899.7333 E-mail: [email protected] [email protected] [email protected] [email protected] ATTORNEYS FOR PLAINTIFF AND COUNTERDEFENDANT

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Case 1:03-cv-02435-PSF-PAC

Document 254

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CERTIFICATE OF SERVICE I hereby certify that on this 19th day of September, 2006, I electronically filed the foregoing ANSWER TO COUNTERCLAIM with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email addresses:

Michael C. Johnson Assistant U.S. Attorney 1225 17th Street, 7th Floor Denver, Colorado 80202 Telephone: 303.454.0134 Fax: 303.454.0408 E-mail: [email protected]

s/ Dugan Bliss

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