Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:05-cv-00047-GMS

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Filed 04/19/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

BRIAN K. REINBOLD, Plaintiff, v. UNITED STATES POSTAL SERVICE, and NALC LOCAL 191, Defendant.

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Civil Action No. 05-47-GMS

ANSWER AND AFFIRMATIVE DEFENSES Defendant, United States Postal Service, by and through their undersigned attorneys, Colm F. Connolly, United States Attorney for the District of Delaware, and Patricia C. Hannigan, Assistant United States Attorney for the District of Delaware, hereby respond to the Plaintiff's Complaint as follows: 1. 2. Admitted upon information and belief. Admitted in part, denied in part. To the extent that the allegations in paragraph 2

relate to the United States Postal Service,( the "U.S. Postal Service" or "Postal Service"), the allegations are admitted. To the extent that the allegations in paragraph 2 relate to parties other than the Postal Service, the Postal Service is without sufficient knowledge or information to form a reasonable belief as to the truth of such allegations.

Case 1:05-cv-00047-GMS

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3.

Paragraph 3 of the Complaint is an assertion of jurisdiction, to which no response

is required. To the extent a response is required, denied. 4. Paragraph 4 is directed at parties other than the Postal Service. To the extent that

any of the allegations contained in Paragraph 4 of the Complaint may be deemed to contain allegations of material fact relative to the Postal Service, they are denied. 5. This paragraph contains the Plaintiff's prayer for relief to which no response is

required. Answering Defendant specifically denies that Plaintiff is entitled to any money damages or back pay reinstatement, injunctive relief or any other relief. AFFIRMATIVE DEFENSES FIRST DEFENSE The complaint fails to state a claim against the Postal Service upon which relief can be granted. SECOND DEFENSE Plaintiff's recovery of compensatory damages under Title VII is limited to Three Hundred Thousand Dollars ($300,000.00). THIRD DEFENSE Plaintiff is not entitled to punitive damages.

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WHEREFORE, the Postal Service hereby respectfully requests that Plaintiff's Complaint against the Postal Service be dismissed in its entirety, with prejudice. Respectfully submitted, COLM F. CONNOLLY United States Attorney By: /s/Patricia C. Hannigan Patricia C. Hannigan Assistant United States Attorney Delaware Bar I.D. No. 2145 The Nemours Building 1007 Orange Street, Suite 700 P. O. Box 2046 Wilmington, DE 19899-2046 (302) 573-6277 [email protected]

Dated:April 19, 2005

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Case 1:05-cv-00047-GMS

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CERTIFICATE OF SERVICE

I hereby certify that on April 19, 2005, I electronically filed a ANSWER AND AFFIRMATIVE DEFENSES with the Clerk of Court using CM/ECF. Notification of such filing will be electronically mailed to the following: Susan E. Kaufman, Esquire Heiman, Gouge & Kaufman, LLP P.O. Box 1674 Wilmington, DE 19899 (302) 658-1800 [email protected] Notification of such filing will be mailed to the following: Brian K. Reinbold P. O. Box 2565 Wilmington, DE 19805 Pro Se

COLM F. CONNOLLY United States Attorney By: /s/Patricia C. Hannigan Patricia C. Hannigan Assistant United States Attorney Delaware Bar I.D. No. 2145 The Nemours Building 1007 Orange Street, Suite 700 P. O. Box 2046 Wilmington, DE 19899-2046 (302) 573-6277 [email protected]

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