Affirmative Defense

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF FLORIDA

OCALA DIVISION

 

 

REDACTED, Plaintiff, vs. REDACTED, INC., Defendant. CASE NO.: 5:11-cv-375-OC-10DAB DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES

 

 

REDACTED, INC.S

ANSWER AND AFFIRMATIVE DEFENSES TO

THE PLAINTIFF’S AMENDED COMPLAINT

 

Defendant, Redacted Inc. responds to Plaintiff’s Amended Complaint as follows1:

 

  1. It is admitted that this appears to be a claim pursuant to Title VII and Fla. Stat. Sec. 760.

  2. Venue is admitted.

  3. Denied.

  4. Admitted that Defendant is authorized to do business in this District.

  5. Admitted that Defendant is an employer.

  6. Denied.

  7. Without knowledge, therefore denied.

  8. Defendant also requests a jury trial.

  9. These allegations are moot as Count III was withdrawn. In an abundance of caution, these allegations are denied.

  10. These allegations are moot as Count III was withdrawn. In an abundance of caution, these allegations are denied.

  11. These allegations are moot as Count III was withdrawn. In an abundance of caution, these allegations are denied.

  12. These allegations are moot as Count III was withdrawn. In an abundance of caution, these allegations are denied.

  13. Admitted that Plaintiff is female.

  14. Denied.

  15. Denied.

  16. Denied.

  17. Denied.

  18. Denied.

  19. Denied.

  20. These allegations are moot as Count III was withdrawn. In an abundance of caution, these allegations are denied.

  21. Corresponding answers are also reincorporated.

  22. Denied.

  23. Denied.

  24. Corresponding answers are also reincorporated.

  25. Denied.

  26. Denied.

  27. These allegations are moot as Count III was withdrawn. In an abundance of caution, these allegations are denied.

  28. These allegations are moot as Count III was withdrawn. In an abundance of caution, these allegations are denied.

  29. These allegations are moot as Count III was withdrawn. In an abundance of caution, these allegations are denied.

Any allegations not specifically admitted are denied.

 

AFFIRMATIVE DEFENSES2

  1. Plaintiff’s claims fail in whole or in part because she was unconditionally offered employment but rejected the offer. On more than one occasion, and as recently as October 2009, Defendant extended an offer to Plaintiff to return to work as a leasing agent. Plaintiff was also telephoned to offer her a position on October 10, 2009 in regards to the leasing agent position.

  2. Plaintiff’s claims fail, in whole or in part, because Plaintiff has not mitigated her damages.

  3. Plaintiff’s claims fail, in whole or in part, because even if the behavior alleged in the complaint did occur, which it did not, Defendant was justified in its actions.

  4. Plaintiff’s claims for punitive damages fail because all decisions and encounters made by Defendant were made in good faith, for legitimate business reasons, and were not in any manner willful or malicious, wanton or reckless.

  5. Defendant took affirmative measures to provide a workplace free

of discrimination.

  1. Plaintiff’s claims fail, in whole or in part, on the grounds that Defendant made all decisions concerning Plaintiff in good faith, without the intent to discriminate,

and for legitimate, nondiscriminatory and non-retaliatory reasons.

  1. Even if any decision regarding Plaintiff was based, in part, on her alleged pregnancy or participation in a statutorily protected activity, which it was not, Defendant would have reached the same decision in any event.

  2. Even if any decision regarding Plaintiff was based, in part, on her gender, which it was not, Defendant would have reached the same decision in any event.

  3. Plaintiff’s claims must fail to the extent that she did not exhaust her administrative remedies.

 

Dated this 22nd day of September, 2011

 

Respectfully submitted,

Michael Massey, Esq.

 

/s/ Michael Massey

 


Michael Massey, FBN 153680

Attorney for Defendant

 

CERTIFICATE OF SERVICE

 

THIS IS TO CERTIFY that a true and correct copy of the foregoing was delivered electronically to all counsel of record by filing the same with the Court’s ECF system this 22nd day of September, 2011.

 

 

/s/ Michael Massey

Michael Massey

Florida Bar No. 153680

Massey & Duffy

855 E. University Avenue

Gainesville, FL 32601

(352) 374-0878D