Free Answer to Amended Complaint - District Court of Arizona - Arizona

1 Sharon S. Moyer No. 013341 [email protected] 2 Mark D. Dillon No. 014393 [email protected] 3 SACKS TIERNEY P.A. 4250 N. Drinkwater Blvd., 4th Floor 4 Scottsdale, AZ 85251-3693 Telephone: (480) 425-2600 5 Attorneys for Defendant 6 7 8 9 Connie Pappas, 10 11 vs.
P.A., ATTORNEYS 4250 NORTH DRINKWATER BOULEVARD FOURTH FLOOR SCOTTSDALE, ARIZONA 85251-3693

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Plaintiff,

No. CV03 1449 PHX PGR DEFENDANT'S ANSWER TO FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL

SACKS TIERNEY

12 J.S.B. Holdings, Inc., an Arizona corporation, dba R&D Specialty/Manco, 13 Defendant. 14 15

Defendant JSB Holdings, Inc. ("JSB") hereby admits, denies and affirmatively states

16 as follows in response to the First Amended Complaint filed by Connie Pappas: 17 18 NATURE OF CLAIMS Admits that Ms. Pappas seeks relief pursuant to title VII of the Civil Rights Act of

19 1964. Denies that she is entitled to any relief pursuant to title VII or any other statute or 20 common law cause of action. 21 22 1. FACTUAL ALLEGATIONS Admits, upon information and belief, the allegations in Paragraph 1 of the

23 First Amended Complaint. 24 25 2. 3. Admits the allegations in Paragraph 2 of the First Amended Complaint. Admits that this Court has jurisdiction over Ms. Pappas' claim. Denies the

26 remainder of the allegations in Paragraph 3 of the First Amended Complaint. 27 4. Affirmatively states that Ms. Pappas was employed from August 1998 28 through January 12, 2001, when she resigned her employment and that she was rehired by
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1 JSB in April, 2001. Admits that Ms. Pappas assumed the position of quality control 2 manager in August of 2001 and that her annual salary at the end of her employment was 3 approximately $49,875. Denies the remainder of the allegations in Paragraph 4 of the First 4 Amended Complaint. 5 6 7 8 9 10 5. 6. 7. 8. 9. 10. Admits the allegations in Paragraph 5 of the First Amended Complaint Admits the allegations in Paragraph 6 of the First Amended Complaint. Admits the allegations in Paragraph 7 of the First Amended Complaint. Admits the allegations in Paragraph 8 of the First Amended Complaint. Denies the allegations in Paragraph 9 of the First Amended Complaint. Denies the allegations in Paragraph 10 of the First Amended Complaint,

11 including parts A through J.
P.A., ATTORNEYS 4250 NORTH DRINKWATER BOULEVARD FOURTH FLOOR SCOTTSDALE, ARIZONA 85251-3693

12 13 14

11. 12. 13.

Denies the allegations in Paragraph 11 of the First Amended Complaint. Denies the allegations in Paragraph 12 of the First Amended Complaint. Dr. Parker's medical records speak for themselves. Denies any allegations

SACKS TIERNEY

15 inconsistent with those medical records. 16 17 18 19 14. 15. 16. 17. Denies the allegations in Paragraph 14 of the First Amended Complaint. Denies the allegations in Paragraph 15 of the First Amended Complaint. Denies the allegations in Paragraph 16 of the First Amended Complaint. Lacks knowledge and information sufficient to form a belief as to the truth of

20 the allegations in Paragraph 17 of the First Amended Complaint and, therefore, denies 21 same. 22 18. The ADES Appeal Tribunal Decision speaks for itself. Denies any

23 allegations inconsistent with that Appeal Tribunal Decision. 24 19. The ADES Appeal Tribunal Decision speaks for itself. Denies any

25 allegations inconsistent with that Appeal Tribunal Decision. 26 20. Admits that Ms. Pappas filed a charge of discrimination. Affirmatively states

27 that the EEOC determined that it was unable to conclude that the information obtained 28
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1 establishes a violation of the statutes. Denies the remainder of the allegations in Paragraph 2 20 of the First Amended Complaint. 3 21. Admits that Plaintiff attached the Dismissal and Notice of Right To Sue to the

4 First Amended Complaint. Denies the remainder of the allegations in Paragraph 21 of the 5 First Amended Complaint. 6 7 8 22. 23. 24. Denies the allegations in Paragraph 22 of the First Amended Complaint. Defendant denies all allegations not specifically admitted above. Defendant incorporates, by this reference, all denials and affirmative

9 statements set forth in its original answer, as though fully set forth herein. 10 11
P.A., ATTORNEYS 4250 NORTH DRINKWATER BOULEVARD FOURTH FLOOR SCOTTSDALE, ARIZONA 85251-3693

AFFIRMATIVE DEFENSE 1. 2. Plaintiff has failed to state a claim upon which relief can be granted. The doctrine of after-acquired evidence applies to Plaintiff, warranting a

12

13 limitation on the recovery of damages. 14 3. Plaintiff failed to complain of sexual harassment to management, entitling

SACKS TIERNEY

15 JSB to the affirmative defense pursuant to Faragher and Ellerth. 16 17 18 4. 5. 6. Plaintiff failed to mitigate her damages. Plaintiff is unable to establish that she was constructively discharged. Defendant incorporates, by this reference, all affirmative defenses raised in

19 its original answer in this matter, as though fully set forth herein. 20 WHEREFORE, JSB, having fully answered the First Amended Complaint of Connie

21 Pappas, hereby requests as follows: 22 23 A. B. That this Court dismiss this matter in its entirety; That this Court award its attorneys' fees and costs incurred in the defense of

24 this matter; and 25 26 27 28
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C.

For such other and further relief as the Court deems just and proper.

DATED this ______ day of June, 2006. SACKS TIERNEY P.A.

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P.A., ATTORNEYS 4250 NORTH DRINKWATER BOULEVARD FOURTH FLOOR SCOTTSDALE, ARIZONA 85251-3693

By:

s/ Sharon S. Moyer Sharon S. Moyer

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1 2

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on June 1, 2006, I electronically transmitted the attached

3 document to the Clerk's Office using the CM/ECF System for filing and transmittal of a 4 Notice of Electronic Filing to the following CM/ECF registrant: 5 6 7 8 9 10 11
P.A., ATTORNEYS 4250 NORTH DRINKWATER BOULEVARD FOURTH FLOOR SCOTTSDALE, ARIZONA 85251-3693

David C. Larkin, Esq. DAVID C. LARKIN, P.C. 4645 S. Lakeshore Drive, Suite 6 Tempe, Arizona 85282 Attorneys for Plaintiff

s/ Sharon S. Moyer Sharon S. Moyer

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