Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:07—cv—00674-SLR-LPS Document 8 Filed 11/26/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT 3
FOR THE DISTRICT OF DELAWARE
JOHN J. DOUGHERTY, )
Plaintiff, 4 J A
v. J Civil Action No. 07-674-SLR
ALAN BLIZE and ASDI J JURY TRIAL DEMANDED
INCORPORATED, )
a Delaware Corporation, )
Defendants. J
ANSWER AND AFFIRMATIVE DEFENSES
Pursuant to Federal Rule of Civil Procedure 8, Defendants hereby state their answer,
general and specific denials, defenses and affirmative defenses to Plaintiffs Complaint.
FIRST DEFENSE
Admitted that Defendant, ASDI Incorporated (“ASDI") is a Delaware corporation with
its principal place of business in New Castle County, Delaware. It is further admitted that ASDI _
has more than fifteen employees. Admitted that Defendant, Alan Blize, is Chief Executive
Officer of ASDI, and that Plaintiff, John J. Dougherty ("Dougherty”) is an adult individual who
was formerly employed by ASDI. Defendants believe and, therefore, admit, upon information
and belief, that Dougherty is a resident of the State of Pennsylvania.
, Admitted that Plaintiff purports to bring this action pursuant to the laws of the United
X States of America, 29 U.S.C. § 1132 and 28 U.S.C. § 1331, and that Plaintiff asserts that this
Court has supplemental jurisdiction pursuant to 28 U.S.C. § 1367. It is likewise admitted that
N venue is appropriate in the U.S. District Court for Delaware. It is denied that there is any factual
` or legal merit to Plaintiffs allegations.
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Admitted that Plaintiff was employed with Defendant ASDI, and began work on or about
September 1 1, 2006. It is likewise admitted that ASDI sent Plaintiff a letter dated August 16,
2006, which speaks for itself. Admitted that Defendant Blize advised Plaintiff that he had
performance problems. lt is further admitted that Plaintiff was placed on a leave of absence due T
to his performance difficulties. Admitted that Plaintiff employed counsel who sent ASDI a letter
dated February 15, 2007, which letter speaks for itself. It is further admitted that Plaintiff
received a COBRA notification form on or about May 18, 2007, which notice speaks for itself.
It is further admitted that Plaintiff received a rate sheet for COBRA continuation benefits.
Defendants deny each and every other allegation of the Complaint and will demand strict proof
thereof.
Defendants specifically deny that they violated the Federal Fair Labor of Standards Act
of 1938, as amended, 29 U.S.C. § 2001, et. seq. ("FLSA") including the allegation that
Defendant Blize is an "employer" within the meaning of the FLSA. It is further denied that any
A unpaid wages, damages, attorneys’ fees, or costs are due.
Defendants likewise deny that they violated the Consolidated Omnibus Budget
Reconciliation Act of 1985 ("COBRA"), 29 U.S.C. § 1661, et seq. and/or the Employer
Retirement Income Security Act of 1974 (“ERISA") and that Defendant Blize is an employer or
plan administrator within the meaning of that statute. It is further denied that Defendant Blize or
Defendant ASDI are liable to Plaintiff in any respect for civil penalties, attorneys’ fees, or costs.
It is further specifically denied that Defendants violated the Delaware Wage Payment and
Collection Act, 19 Del. C. § 1101, et seq., including the allegation that Defendant Blize is an A
"emp1oyer" within the meaning of the statute. It is further denied that Defendants unlawfully
withheld wages, benefits, or wage supplements from Plaintiff as defined in the Act.

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Case 1:07—cv—00674-SLR-LPS Document 8 Filed 11/26/2007 Page 3 of 4 p
It is further denied that Defendants violated the Delaware Whistleblower Protection Act,
19 Del. C. § 1701, et seq., and that Defendant Blize is an “employer" within the meaning of that
statute. It is further denied that Plaintiff was discharged in violation of the Act and/or engaged in
any actions protected by the statute.
Defendants further deny any violation of a Delaware Right to Inspect Personnel Files
Act, 19 Qgl, Q § 730 et seq. including the allegation that Mr. Blize is an "employer" within the
meaning of the statute. It is further denied that Defendants unlawfully refused Plaintiffs access l
to his personnel file and/or that Defendants are liable to Plaintiff for civil penalties, or in any
other respect.
Defendants likewise deny that they violated any common law or other duty to Plaintiff
including specifically the allegation that they violated the implied covenant good faith and fair
dealing.
Defendants further deny that they commit any wrongful act and that any legal, equitable
or other relief of any kind is due Plaintiff.
SECOND DEFENSE
Plaintiffs claims fail to state a claim upon which relief can be granted.
THIRD DEFENSE
Plaintiffs claims are barred in whole or in part by his failure to exhaust administrative
remedies and/or other applicable federal or state statutes of limitation, jurisdictional and/or
administrative requirements.
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FOURTH DEFENSE
Plaintiffs claims fail in whole or in part because at all times Defendant made a good faith
effort to comply with applicable law, acted lawfully and with legitimate non-discriminatory
business reasons that were not a pretext for unlawhrl discrimination.
FIFTH DEFENSE
Plaintiffs claims are barred in whole or in part by his failure to mitigate damages.
SIXTH DEFENSE
Plaintiff has waived or is estopped from asserting his claims.
L SEVENTH DEFENSE
Plaintiffs Complaint may be denied in whole or in part with the doctrine of after-
acquired evidence.
WHEREFORE, Defendants respectfully request that this action be dismissed with
prejudice, with costs and attorneys’ fees assessed against Plaintiff.
YOUNG CONAWAY STARGATT
& TAYLOR, LLP
/s/ Barry M Willoughby
Barry M. Willoughby, Esquire (1.D. 1016)
Margaret M. DiBianca, Esquire (I.D. 4539)
The Brandywine Building
1000 West Street, 17th Floor
P.O. Box 391
Wilmington, DE 19899-0391
Telephone: (302) 571-6666; 5008
Facsimile: (302) 576-3345; 3476
Email: [email protected];
[email protected]
Attorneys for Defendants
Dated: November 26, 2007
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