Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00775-GMS-LPS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE : : Plaintiff, : : v. : : DELAWARE STATE UNIVERSITY, : an institution of higher education and : corporate body; : FINANCIAL AID SERVICES, INC., : a foreign corporation; : ALLEN L. SESSOMS, individually and : in his official capacity as President of : Delaware State University; : MARK FARLEY, individually and in his : official capacity as Vice President for : Human Resources and Legislative Affairs; : CAROLYN CURRY, individually and : in her official capacity as Vice President : for Institutional Advancement of : Delaware State University; : DARYLANN THOMAS, individually : and in her official capacity as Interim : Assistant Vice President for Enrollment : Services of Delaware State University; : PENELOPE HOWE, individually and in : her official capacity as Assistant Vice : President for Business and Finance of : Delaware State University, : : Defendants. : ____________________________________: CYRIL MADUKWE,

C.A. No. 07-775 ***-LPS

ANSWER TO COMPLAINT Financial Aid Services, Inc. and Darylann Thomas, by their counsel, White and Williams LLP, hereby respond to the Complaint filed in the above-captioned matter as follows:

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1.

Financial Aid Services, Inc. ("FAS") and Ms. Thomas are without information or

knowledge sufficient to form a belief as to the truth of the allegations contained within paragraph 1 of the Complaint. 2. Complaint. 3. FAS and Ms. Thomas admit that FAS has a principal place of business located at The remainder of the FAS and Ms. Thomas admit the allegations contained within paragraph 2 of the

180 Interstate North Parkway, Suite 550, Atlanta, Georgia 30339.

allegations contained within paragraph 3 of the Complaint contain conclusions of law to which no response is required. To the extent a response is deemed required, the remainder of the allegations contained within paragraph 3 of the Complaint are denied. 4. FAS and Ms. Thomas admit that Allen L. Sessoms is the President of Delaware

State University and that President Sessoms is an African-American male. The remainder of the allegations contained within paragraph 4 of the Complaint contain conclusions of law to which no response is required. To the extent a response is deemed required, the remainder of the allegations contained within paragraph 4 of the Complaint are denied. 5. FAS and Ms. Thomas admit that Mark Farley is the Vice President for Human

Resources and Legislative Affairs for Delaware State University and that Mr. Farley is a Caucasian-American male. The remainder of the allegations contained within paragraph 5 of the Complaint contain conclusions of law to which no response is required. To the extent a response is deemed required, the remainder of the allegations contained within paragraph 5 of the Complaint are denied. 6. FAS and Ms. Thomas admit that Carolyn Curry is the Vice President of

Institutional Advancement for Delaware State University and that Ms. Curry is a Caucasian-

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American female.

The remainder of the allegations contained within paragraph 6 of the

Complaint contain conclusions of law to which no response is required. To the extent a response is deemed required, the remainder of the allegations contained within paragraph 6 of the Complaint are denied. 7. FAS and Ms. Thomas admit that Ms. Thomas is an employee of FAS and a

Caucasian-American female. The remainder of the allegations contained within paragraph 7 of the Complaint contain conclusions of law to which no response is required. To the extent a response is deemed required, the remainder of the allegations contained within paragraph 7 of the Complaint are denied. 8. FAS and Ms. Thomas admit that Penelope Howe was formerly the Assistant Vice

President of Business and Finance for Delaware State University and that Ms. Howe is a Caucasian-American female. The remainder of the allegations contained within paragraph 8 of the Complaint contain conclusions of law to which no response is required. To the extent a response is deemed required, the remainder of the allegations contained within paragraph 8 of the Complaint are denied. 9. The allegations contained within paragraph 9 of the Complaint contain

conclusions of law to which no response is required. 10. The allegations contained within paragraph 10 of the Complaint contain

conclusions of law to which no response is required. 11. FAS and Ms. Thomas admit that Plaintiff is a black male whose national origin is

Nigerian and who was formerly employed by Delaware State University. The remainder of the allegations contained within paragraph 11 of the Complaint contain conclusions of law to which

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no response is required. To the extent a response is deemed required, the remainder of the allegations contained within paragraph 11 of the Complaint are denied. 12. FAS and Ms. Thomas are without knowledge or information sufficient to form a

belief as to the truth of the allegations contained within paragraph 12 of the Complaint. 13. FAS and Ms. Thomas admit that Plaintiff filed a charge of discrimination with the

Delaware Department of Labor and the Equal Employment Opportunity Commission. The remainder of the allegations contained within paragraph 13 of the Complaint are denied. 14. FAS and Ms. Thomas are without knowledge or information sufficient to form a

belief as to the truth of the allegations contained within paragraph 14 of the Complaint. 15. Complaint. 16. Complaint. 17. Complaint. 18. Complaint. 19. FAS and Ms. Thomas are without information or knowledge sufficient to form a FAS and Ms. Thomas deny the allegations contained within paragraph 18 of the FAS and Ms. Thomas deny the allegations contained within paragraph 17 of the FAS and Ms. Thomas admit the allegations contained within paragraph 16 of the FAS and Ms. Thomas admit the allegations contained within paragraph 15 of the

belief as to the allegations contained within paragraph 19 of the Complaint. 20. Complaint. 21. Complaint. FAS and Ms. Thomas deny the allegations contained within paragraph 21 of the FAS and Ms. Thomas deny the allegations contained within paragraph 20 of the

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22.

FAS and Ms. Thomas are without information or knowledge sufficient to form a

belief as to the allegations contained within paragraph 22 of the Complaint. 23. FAS and Ms. Thomas are without information or knowledge sufficient to form a

belief as to the allegations contained within paragraph 23 of the Complaint. 24. Complaint. 25. Complaint. 26. Complaint. 27. Complaint. 28. Complaint. 29. Complaint. 30. Complaint. 31. Complaint. 32. Complaint. FAS and Ms. Thomas deny the allegations contained within paragraph 32 of the FAS and Ms. Thomas deny the allegations contained within paragraph 31 of the FAS and Ms. Thomas deny the allegations contained within paragraph 30 of the FAS and Ms. Thomas deny the allegations contained within paragraph 29 of the FAS and Ms. Thomas deny the allegations contained within paragraph 28 of the FAS and Ms. Thomas deny the allegations contained within paragraph 27 of the FAS and Ms. Thomas deny the allegations contained within paragraph 26 of the FAS and Ms. Thomas deny the allegations contained within paragraph 25 of the FAS and Ms. Thomas deny the allegations contained within paragraph 24 of the

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33. Complaint. 34. Complaint. 35. Complaint. 36.

FAS and Ms. Thomas deny the allegations contained within paragraph 33 of the

FAS and Ms. Thomas deny the allegations contained within paragraph 34 of the

FAS and Ms. Thomas deny the allegations contained within paragraph 35 of the

FAS and Ms. Thomas admit that Plaintiff was terminated for cause on September

26, 2006. The remainder of the allegations contained within paragraph 36 of the Complaint are denied. 37. Complaint. 38. Complaint. 39. Complaint. 40. Complaint. 41. Complaint. 42. Complaint. FAS and Ms. Thomas deny the allegations contained within paragraph 42 of the FAS and Ms. Thomas deny the allegations contained within paragraph 41 of the FAS and Ms. Thomas deny the allegations contained within paragraph 40 of the FAS and Ms. Thomas deny the allegations contained within paragraph 39 of the FAS and Ms. Thomas deny the allegations contained within paragraph 38 of the FAS and Ms. Thomas deny the allegations contained within paragraph 37 of the

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COUNT I ­ TITLE VII 43. FAS and Ms. Thomas incorporate their responses to the foregoing paragraphs of

this Answer to Complaint as though fully set forth herein. 44. Complaint. 45. Complaint. 46. Complaint. COUNT II ­ SECTION 1981 47. FAS and Ms. Thomas incorporate their responses to the foregoing paragraphs of FAS and Ms. Thomas deny the allegations contained within paragraph 46 of the FAS and Ms. Thomas deny the allegations contained within paragraph 45 of the FAS and Ms. Thomas deny the allegations contained within paragraph 44 of the

this Answer to Complaint as though fully set forth herein. 48. Complaint. COUNT III ­ SECTION 1983 49. FAS and Ms. Thomas incorporate their responses to the foregoing paragraphs of FAS and Ms. Thomas deny the allegations contained within paragraph 48 of the

this Answer to Complaint as though fully set forth herein. 50. Complaint. 51. Complaint. FAS and Ms. Thomas deny the allegations contained within paragraph 51 of the FAS and Ms. Thomas deny the allegations contained within paragraph 50 of the

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COUNT IV ­ BREACH OF CONTRACT 52. FAS and Ms. Thomas incorporate their responses to the foregoing paragraphs of

this Answer to Complaint as though fully set forth herein. 53. Complaint. 54. Complaint. 55. Complaint. COUNT V ­ TORTIOUS INTERFERENCE WITH CONTRACT 56. FAS and Ms. Thomas incorporate their responses to the foregoing paragraphs of FAS and Ms. Thomas deny the allegations contained within paragraph 55 of the FAS and Ms. Thomas deny the allegations contained within paragraph 54 of the FAS and Ms. Thomas deny the allegations contained within paragraph 53 of the

this Answer to Complaint as though fully set forth herein. 57. Complaint. 58. Complaint. COUNT VI -- SLANDER 59. FAS and Ms. Thomas incorporate their responses to the foregoing paragraphs of FAS and Ms. Thomas deny the allegations contained within paragraph 58 of the FAS and Ms. Thomas deny the allegations contained within paragraph 57 of the

this Answer to Complaint as though fully set forth herein. 60. Complaint. 61. Complaint. FAS and Ms. Thomas deny the allegations contained within paragraph 61 of the FAS and Ms. Thomas deny the allegations contained within paragraph 60 of the

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62. Complaint. 63. Complaint. 64. Complaint. 65. Complaint.

FAS and Ms. Thomas deny the allegations contained within paragraph 62 of the

FAS and Ms. Thomas deny the allegations contained within paragraph 63 of the

FAS and Ms. Thomas deny the allegations contained within paragraph 64 of the

FAS and Ms. Thomas deny the allegations contained within paragraph 65 of the

FIRST AFFIRMATIVE DEFENSE 66. Each and every Count of Plaintiff's Complaint fails to state a claim upon which

relief may be granted against Financial Aid Services, Inc. and/or Darylann Thomas. SECOND AFFIRMATIVE DEFENSE 67. Defendants' conduct toward and treatment of Plaintiff was at all times based upon

reasonable, legitimate, and non-discriminatory business reasons. THIRD AFFIRMATIVE DEFENSE 68. Some or all of Plaintiff's claims are barred by the applicable statute of limitations. FOURTH AFFIRMATIVE DEFENSE 69. Delaware State University had an effective harassment, discrimination and

retaliation policy in place at the time of the incidents set forth in the Complaint, which Plaintiff failed to utilize to alleviate himself of the alleged harassing and/or discriminatory behavior. FIFTH AFFIRMATIVE DEFENSE 70. Any injury allegedly suffered by Plaintiff does not constitute emotional distress.

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SIXTH AFFIRMATIVE DEFENSE 71. Plaintiff is not entitled to punitive damages. SEVENTH AFFIRMATIVE DEFENSE 72. Plaintiff has failed to mitigate his damages, if any. EIGHTH AFFIRMATIVE DEFENSE 73. Plaintiff has sustained no damages, no financial loss or any other injury. NINTH AFFIRMATIVE DEFENSE 74. Expressly denying any wrongdoing on their part and expressly denying that

Plaintiff has been damaged as alleged, Financial Aid Services, Inc. and Ms. Thomas assert that Plaintiff is not entitled to recover attorneys' fees, expenses or costs. WHEREFORE, Financial Aid Services, Inc. and Darylann Thomas respectfully request that this Court enter judgment in their favor and against Plaintiff: (a) (b) Dismissing the Complaint with prejudice; Awarding costs and attorneys' fees to Financial Aid Services, Inc. and Darylann Thomas; and Granting such other and further relief as the Court deems just and proper. WHITE AND WILLIAMS LLP

(c)

Dated: January 4, 2008

By: /s/ Marc S. Casarino Marc S. Casarino (DE No. 3613) 824 N. Market Street, Suite 902 Wilmington, DE 19801 Telephone: 302-467-4520 Facsimile: 302-467-4550 [email protected] Attorneys for Defendants Financial Aid Services, Inc. and Darylann Thomas

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