Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00570-SLR

Document 5

Filed 11/14/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DEAN REYES, Plaintiff, v. PERDUE FARMS INCORPORATED, a Maryland corporation, Defendant. ) ) ) ) ) ) ) ) )

C.A. No. 07-570 SLR

ANSWER Defendant Perdue Farms Incorporated, by and through its undersigned counsel, hereby answer Plaintiff's Complaint as follows: 1. Defendant is without knowledge sufficient to form a belief as to truth or

falsity of the allegation in this Paragraph and therefore it is denied. 2. 3. 4. 5. Admitted. Admitted. Admitted. The allegations in this Paragraph state legal conclusions requiring no

response. To the extent a response is required, denied. 6. 7. Admitted. Defendant admits Plaintiff seeks relief for under the Family and Medical

Leave Act (FMLA) and under state law. It is specifically denied that Defendant engaged in any form of unlawful interference or retaliation. It is further denied that Plaintiff is entitled to any relief. 8. 9. 10. 11. Denied. Denied. Admitted. Admitted.

DB02:6368324.1

066825.1003

Case 1:07-cv-00570-SLR

Document 5

Filed 11/14/2007

Page 2 of 4

12.

Admitted that Plaintiff suffered an injury in November 2005 and

subsequently filed a claim for workers' compensation benefits. The remainder of the allegation is denied. 13. 14. 15. 16. Admitted. Denied. Denied. Defendant is without knowledge sufficient to form a belief as to truth or

falsity of the allegation in this Paragraph and therefore it is denied. 17. Denied that Plaintiff submitted a leave request under the FMLA.

Defendant is without knowledge sufficient to form a belief as to truth or falsity of the remainder of the allegation in this Paragraph and therefore it is denied. 18. 19. Denied. Defendant is without knowledge sufficient to form a belief as to truth or

falsity of the allegation in this Paragraph and therefore it is denied. 20. 21. Denied. Defendant is without knowledge sufficient to form a belief as to truth or

falsity of the allegation in this Paragraph and therefore it is denied. 22. 23. 24. 25. Denied. Denied. Denied. Admitted that Plaintiff was terminated for failing to report to work. The

remainder of the allegation is denied. 26. 27. 28. Denied. Denied. Denied.

2
DB02:6368324.1 066825.1003

Case 1:07-cv-00570-SLR

Document 5

Filed 11/14/2007

Page 3 of 4

COUNT I 29. 30. 31. 32. 33. Defendant incorporates the preceding answers as if stated fully herein. Denied. Denied. Denied. Denied. COUNT II 34. 35. 36. 37. Defendant incorporates the preceding answers as if stated fully herein. Denied. Denied. Denied. AFFIRMATIVE DEFENSES A. B. The Complaint fails to state a claim upon which relief can be granted. Defendant's actions were taken for legitimate business reasons that were nondiscriminatory. C. D. Plaintiff has failed to mitigate his damages. Plaintiff's claims are barred in whole or part by the applicable statute of limitations. E. F. G. Plaintiff was not an "eligible employee" under the FMLA. Plaintiff failed to provide adequate and/or reasonable notice under the FMLA. Defendant acted in good faith at all relevant times.

3
DB02:6368324.1 066825.1003

Case 1:07-cv-00570-SLR

Document 5

Filed 11/14/2007

Page 4 of 4

WHEREFORE, Defendants respectfully request that this action be dismissed with prejudice, with costs and attorneys' fees assessed against Plaintiff.

Respectfully submitted,

YOUNG CONAWAY STARGATT & TAYLOR, LLP /s/ Scott A. Holt Scott A. Holt, Esquire (No. 3399) The Brandywine Building 1000 West Street, 17th Floor P.O. Box 391 Wilmington, Delaware 19899-0391 Telephone: (302) 571-6623 Facsimile: (302) 576-3299 Email: [email protected] Attorneys for Defendant Dated: November 14, 2007

4
DB02:6368324.1 066825.1003