Free Response to Motion - District Court of Arizona - Arizona

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Ernest Calderón (# 007677) Faith C. Klepper (# 18444) CALDERÓN LAW OFFICES 2020 N. Central Ave., Suite 1110 Phoenix, AZ 85004 Telephone: (602) 265-0004 Attorneys for Defendant Chase BankCard Services IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA JOYCE A. CORRALES, Plaintiff, vs. CHASE BANKCARD SERVICES, INC., a Delaware corporation, d/b/a Chase Manhattan Bank, N.A., Defendant. DEFENDANT CHASE BANKCARD SERVICES, INC.'S ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT No. CIV 02-2157-PHX-SRB

(Honorable Susan R. Bolton)

In answer to Plaintiff Joyce A. Corrales' Complaint, Defendant Chase Bankcard Services, Inc. ("Defendant"), admits, denies and alleges as follows: 1. Answering paragraph 1 of the First Amended Complaint, Defendant admits that Plaintiff is an adult female and that court records indicate she is a resident of

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Maricopa County.
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2.

Answering paragraph 2 of the First Amended Complaint, Defendant admits that it is a Delaware corporation. Defendant denies each and every allegation of

paragraph 2 not expressly admitted or alleged in this Answer. 3. 4. Defendant admits the allegations in paragraph 3 of the First Amended Complaint. Defendant admits the court has jurisdiction over Plaintiff's claims.

DEFENDANT'S ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT

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5.

As to paragraph 5 of the First Amended Complaint, Defendant admits that Plaintiff began her employment with Defendant on or about February 16, 2001 as a retention representative in Defendant's retention department. Defendant denies each and every allegation of paragraph 5 of the First Amended Complaint not

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expressly admitted or alleged in this Answer. 6. As to paragraph 6 of the First Amended Complaint, Defendant lacks knowledge regarding the first sentence of the paragraph and denies all other express or implied allegations contained therein. 7. As to paragraph 7 of the First Amended Complaint, Defendant admits that Brooke King met with employee relations representative Chase Bright on or about April 4, 2001 about the alleged harassment. Defendant admits that Brooke King

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complained to Human Resources and they referred her to Mr. Bright. Defendant
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admits that Ms. King informed Mr. Bright that Plaintiff may have witnessed the alleged harassment. Defendant denies the remainder of any other express or implied allegations contained therein. 8. As to paragraph 8 of the First Amended Complaint, Defendant admits that Ms. King met with Mr. Bright on or about April 4, 2001 regarding the investigation of Brooke King's sexual harassment complaint. Mr. Bright properly investigated Ms. King's allegations of sexual harassment when he interviewed Plaintiff.

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Defendant denies each and every allegation of paragraph 8 not expressly admitted
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or alleged in this Answer. 9. As to paragraph 9 of the First Amended Complaint, Chase Bright informed Plaintiff about Defendant's investigative process. Mr. Bright properly

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investigated Ms. King's allegations of sexual harassment when he interviewed Plaintiff. Defendant denies each and every allegation of paragraph 9 not

expressly admitted or alleged in this Answer. 10. As to paragraph 10 of the First Amended Complaint, Defendant lacks knowledge or information of Plaintiff's personal feelings regarding Defendant's investigative process and therefore denies the same. Mr. Bright properly investigated Ms. King's allegations of sexual harassment when he interviewed Plaintiff. Defendant denies each and every allegation of paragraph 10 not expressly admitted or alleged in this Answer. 11. As to paragraph 11 of the First Amended Complaint, Defendant lacks knowledge or information of Plaintiff's personal feelings and therefore denies the same. Mr.

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Bright properly investigated Ms. King's allegations of sexual harassment when he
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interviewed Plaintiff. Defendant denies each and every allegation of paragraph 11 not expressly admitted or alleged in this Answer. 12. As to paragraph 12 of the First Amended Complaint, Defendant lacks knowledge or information about Plaintiff's personal feelings and therefore denies the same. Mr. Bright properly investigated Ms. King's allegations of sexual harassment when he interviewed Plaintiff. Defendant denies each and every allegation of paragraph 12 not expressly admitted or alleged in this Answer.

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13.
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As to paragraph 13 of the First Amended Complaint, Defendant admits that Plaintiff spoke to her supervisor(s) after her interview with Mr. Bright but denies each and every other allegation of paragraph 13 of the First Amended Complaint.

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14.

As to paragraph 14 of the First Amended Complaint, Defendant neither admits nor denies because this allegation relates to claims which were dismissed by this Court on November 14, 2003. To the extent that the Court determines any part of the paragraph is still relevant, Defendant admits that the quoted language in the

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paragraph is from a 2001 copy of Defendant's handbook and denies each and every other allegation in paragraph 14 of the First Amended Complaint. 15. As to paragraph 15 of the First Amended Complaint, Defendant lacks knowledge or information of Plaintiff's personal feelings and therefore denies the same. Mr. Bright properly investigated Ms. King's sexual harassment allegations when he interviewed Plaintiff. Defendant admits that Plaintiff was asked by her supervisor to participate in another interview with Mr. Bright but denies each and every other

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allegation in the paragraph.
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16.

Defendant denies each and every allegation of paragraph 16 of the First Amended Complaint.

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As to paragraph 17 of the First Amended Complaint, Defendant neither admits nor denies because this allegation relates to claims which were dismissed by this Court on November 14, 2003. To the extent that the Court determines any part of the paragraph is still relevant, Defendant does not have to respond because the paragraph calls for a legal conclusion and therefore, denies.

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18.
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As to paragraph 18 of the First Amended Complaint, Defendant neither admits nor denies because this allegation relates to claims which were dismissed by this Court. To the extent that the Court determines any part of the paragraph is still

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relevant, Defendant does not have to respond because the paragraph calls for a legal conclusion and therefore, denies. 19. As to paragraph 19 of the First Amended Complaint, Defendant neither admits nor denies because this allegation relates to claims which were dismissed by this

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Court on November 14, 2003. To the extent that the Court determines any part of the paragraph is still relevant, Defendant does not have to respond because the paragraph calls for a legal conclusion and therefore, denies. 20. Defendant denies each and every allegation of paragraph 20 of the First Amended Complaint. 21. As to paragraph 21 of the First Amended Complaint, Defendant neither admits nor denies because this allegation relates to claims which were previously

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dismissed by this Court. To the extent that the Court determines any part of the
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paragraph is still relevant, Defendant admits that Plaintiff filed a charge with the EEOC and denies all other allegations in the paragraph. 22. As to paragraph 22 of the First Amended Complaint, Defendant neither admits nor denies because this allegation relates to claims which were previously dismissed by this Court. To the extent that the Court determines any part of the paragraph is still relevant, Defendant denies all allegations in the paragraph. 23. As to paragraph 23 of the First Amended Complaint, Defendant neither admits nor denies because this allegation relates to claims which were dismissed by this

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Court on November 14, 2003. To the extent that the Court determines any part of the paragraph is still relevant, Defendant admits that on or about July 23, 2002, the EEOC issued Plaintiff a "Notice of Right to Sue."

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24.

As to paragraph 24 of the First Amended Complaint, Defendant admits that Plaintiff originally filed this action on October 28, 2002 but denies each and every other allegation contained therein.

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Any allegation not specifically admitted herein is expressly denied. DEFENSES AND AFFIRMATIVE DEFENSES

Defendant Chase BankCard asserts that it only bears the burden of proof or persuasion as to affirmative defenses it is required to assert herein pursuant to Rule 8(c), Federal Rules of Civil Procedure. Defendant sets forth defenses and affirmative defenses as follows: 26. The First Amended Complaint fails to state a claim upon which relief may be granted. 27. Defendant is not liable under agency law principles for any of the alleged conduct.

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28.

Defendant properly investigated Ms. King's allegations of sexual harassment when he interviewed Plaintiff.

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Plaintiff has failed to mitigate her damages. Defendant reserves the right to add additional affirmative defenses as the same are discovered in this case.

WHEREFORE, having fully answered the Complaint, Defendant Chase BankCard prays that Plaintiff's Complaint be dismissed with prejudice, that Plaintiff take nothing thereby and

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that Defendant be awarded its attorneys' fees and costs herein incurred and expended against
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Plaintiff and her marital community. /// ///

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RESPECTFULLY SUBMITTED this 22nd day of August, 2005. CALDERON LAW OFFICES

By Ernest Calderon Faith C. Klepper Attorneys for Chase BankCard Services ORIGINAL of the foregoing filed this 22nd day of August, 2005, with: Clerk of the Court United States District Court, District of Arizona 40 1 West Washington Phoenix, Arizona 85003 COpy of the foregoing mailed this 22nd day of August, 2005, to: Ms. Joyce A. Corrales 3318 W. Sierra Vista Drive Phoenix, AZ 85017 In propria persona

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