Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:04-cv-01552-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE : : Plaintiff, : : v. : : Sears Roebuck & Co., : : Defendant. : ____________________________________: Timothy C. Yaeger,

CA No. 04-1552 (JJF)

ANSWER TO COMPLAINT Defendant Sears, Roebuck and Co. ("Sears"), incorrectly denominated in the Complaint as "Sears, Roebuck & Co.", hereby responds as follows to Plaintiff's Complaint: 1. The allegations in this paragraph are conclusions of law to which no

response is required. Subject to and without waiving the forgoing, Defendant does not contest that the Court has jurisdiction over this matter. 2. Defendant is without sufficient knowledge to admit or deny the allegations

regarding Plaintiff's current residence and therefore denies them and leaves Plaintiff to his proofs. 3. Defendant admits only that it operates a business at 3240 Kirkwood

Highway, Wilmington, Delaware 19808. The remaining allegations in this paragraph are denied. 4. Defendant admits only that it formerly employed Plaintiff at its business at

3240 Kirkwood Highway, Wilmington, Delaware 19808. The remaining allegations in this paragraph are denied.

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5.

Defendant admits only that Plaintiff has attached a statement titled

"Attachment 1". All other allegations in this paragraph are denied. 6. Defendant admits that no alleged discriminatory practices is continuing.

Defendant denies that any such alleged discriminatory practices ever took place. 7. Defendant admits only that Plaintiff filed a charge with the Delaware

Department of Labor. The remaining allegations in this paragraph are denied. 8. Defendant admits only that Plaintiff filed a charge with the Equal

Employment Opportunity Commission ("EEOC"). The remaining allegations in this paragraph are denied. 9. Defendant admits only that the EEOC issued a Right-to-Sue letter. The

remaining allegations in this paragraph are denied. 10. Defendant admits only that Plaintiff has attached a statement titled

"Timothy Yaeger's Statement on Sears, Roebuck and Co. Charge number [sic] 17C - 2004 00358, Yaeger vs. [sic] Sears, Roebuck and Co.". The remaining allegations in this paragraph are denied. 11. 12. Denied. Defendant admits only that purported copies of Plaintiff's Charge of

Discrimination filed with the Delaware Department of Labor and the EEOC are attached to the Complaint. The remaining allegations in this paragraph are denied. 13. Denied. 2

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14.

Denied.

WHEREFORE, Defendant Sears, Roebuck and Co. denies that Plaintiff is entitled to any relief and demands dismissal of Plaintiff's Complaint with prejudice, together with attorneys' fees, costs of suit, and such other relief as the Court deems just and equitable.

AFFIRMATIVE DEFENSES

FIRST AFFIRMATIVE DEFENSE Plaintiff's Complaint fails to state a claim upon which relief can be granted. SECOND AFFIRMATIVE DEFENSE On information and belief, Plaintiff has failed to mitigate his damages, if any. THIRD AFFIRMATIVE DEFENSE Plaintiff's Complaint is barred by the applicable Statute of Limitations. FOURTH AFFIRMATIVE DEFENSE Defendant exercised reasonable care to prevent and correct any alleged discrimination and Plaintiff unreasonably failed to take advantage of any preventive or corrective opportunities provided by the Defendant or to avoid harm otherwise. FIFTH AFFIRMATIVE DEFENSE Plaintiff's claim under Title VII of the Civil Rights Act of 1965, 42 U.S.C. § 2000e et seq. is barred because Plaintiff failed to exhaust his administrative remedies before filing suit.

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SIXTH AFFIRMATIVE DEFENSE Plaintiff's claims for punitive damages are vague and subjective and are therefore unconstitutional under the provisions of the United States Constitution. SEVENTH AFFIRMATIVE DEFENSE Plaintiff's claims are barred by the doctrines of fraud, laches, and estoppel. EIGHTH AFFIRMATIVE DEFENSE Defendant may not be held liable for punitive damages because it engaged in good faith efforts to prevent discrimination and to comply with all anti-discrimination and other applicable laws. NINTH AFFIRMATIVE DEFENSE All actions taken by Defendant concerning Plaintiff's employment were taken for legitimate business reasons unrelated to his alleged complaints of discrimination, none being admitted. TENTH AFFIRMATIVE DEFENSE Plaintiff's claims for relief are limited by the statutory limitations on damages.

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WHEREFORE Defendant Sears, Roebuck and Co. denies that Plaintiff is entitled to any relief and demands dismissal of Plaintiff's Complaint with prejudice, together with attorneys' fees, costs of suit, and such other relief as the Court deems just and equitable.

BALLARD SPAHR ANDREWS & INGERSOLL, LLP s/William M. Kelleher William M. Kelleher, Esquire (No. 3961) 919 Market Street, 12th Floor Wilmington, DE 19801 Phone: (302) 252-4465 Facsimile: (302) 252-4466 E- mail: [email protected] Counsel for the Defendant OF COUNSEL: Steven W. Suflas Jennifer L. Sova Ballard Spahr Andrews & Ingersoll, LLP Plaza 1000 - Suite 500, Main St. Voorhees, New Jersey 08043 Phone: (856) 761-3400 Facsimile: (856) 873-9041

Dated: July 26, 2005

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CERTIFICATE OF SERVICE I, William M. Kelleher, do hereby certify that I have caused a copy of Defendant Sears, Roebuck and Co.'s Answer to be served on Plaintiff via first-class mail, postage prepaid, at the following address: Timothy Yaeger 85C Laurel Drive Maple Shade, New Jersey 08052

s/William M. Kelleher William M. Kelleher

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