Free Answer to Complaint - District Court of Delaware - Delaware

Case 1 :08-cv-00249-SLR Document 3 Filed 04/30/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
AS1-IOK V. SHAH, )
) C.A. No. O8~cv—()249—UNA
Plaintiff )
)
v. )
)
ADECCO, )
Defendant. g
ANSWER TO COMPLAINT _
Defendant Adecco USA, Inc. ("Adecco") hereby responds to the Complaint filed in the
above captioned matter as follows:
l. Adecco is without knowledge or information sufficient to form a belief as to the
truth of the allegations of this paragraph. .
2. The aliegations of this paragraph are denied. By way of {inthe: response,
Adecco specifically denies that Plaintiff was subjected to any discriminatory conduct while an
employee of Adecco.
3. Adecco denies each and every allegation contained in this paragraph. By way of I
further response, Adecco specifically denies that Plaintiff was suhj ected to any discriminatory
conduct while an employee of Adecco. ‘
4. The allegations of this paragraph are denied. By way of further response,
Adecco specifically denies that Plaintiff was subjected to any discriminatory conduct while an
employee of Adecco. Adecco further denies that it terminated Plaintiffs employment.
5. Adecco is without knowledge or infomation sufficient to form a belief as to the
truth ofthe allegations contained in the first sentence of this paragraph. The remainder of the

Case 1 :08-cv-00249-SLR Document 3 Filed 04/30/2008 Page 2 of 3
allegations contained in this paragraph are denied. By way of further response, Adecco
specifically denies that Plaintiff was subjected to any discriminatory conduct while an employee
of Adecco, or that Plaintiff has been damaged as alleged. -
6. This paragraph does not contain allegations to which a responsive pleading is
required.
7. Adecco is without knowledge or information sufficient to form a belief as to the _
truth of the allegations of this paragraph.
FIRST AFHRMATIVE DEFENSE _
Plaintiff fails to state a claim against Adecco upon which relief may be granted.
SECOND AFFIRMATIVE DEFENSE
Adecco°s conduct toward and treatment of Plaintiff was at all times based upon
reasonable, legitimate, and non-discriminatory business reasons. .
THIRD AFF IRMATIVE DEFENSE
Plaintiff did not suffer any adverse employment action.
FOURTH AFFIRMATIVE DEFENSE
Plaintiff did not engage in any protected activity of which Adecco was aware.
FIFTH AFFIRMATIVE DEFENSE
Plaintiff has sustained no damages, no financial loss or any other injury.
SIXTH AFFIRMATIVE DEFENSE
Any injury allegedly suffered by Plaintiff does not constitute emotional distress.
SEVENTH AFEIRMATIVE DEFENSE
Plaintiff is not entitled to punitive damages.
2

Case 1:08-cv-00249-SLR Document 3 Filed 04/30/2008 Page 3 of 3
EIGHTH AFFIRMATIVE DEFENSE
Plaintiff has failed to mitigate any damages he alleges he has suffered.
NINTH AFFIRMATIVE DEFENSE
Some or all of Plaintiffs claims are barred by the applicable statute of limitations.
TENTH AFFIRMATIVE DEFENSE
Some or all of Plaintiffs claims are barred by the doctrines of res judicata or collateral
estoppel.
WHEREFORE, Adecco respectfully requests that this Court enter judgment in its favor
and against Plaintiff:
(a) Dismissing the complaint with prejudice;
(b) Awarding it costs and attomeys fees; and
(c) Granting such other and further relief as the Court deems just and proper.
POTTER ANDERSON & CORROON LLP
By: am/A 2 ,-5 ./B
Q/férmifer Gimler Brady (LD. 74)
" Sarah E. DiLuzio (LD. 4085)
1313 North Market Street
P.O. Box 951
Wilmington, DE 19899-0951
Telephone: (302) 98445000
Telefax: (302) 658-1192
[email protected]
sdiluzi0@_r;otteranders0ncom
Attorneys for Dejemicmt Adecco USA, Inc.
Dated: April 30, 2008
862102/ 23020
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Case 1 :03-cv—00249-SLR Document 3-2 Filed 04/30/2008 Page 1 of 1
CERTIFICATE OF SERVICE
I, Sarah E. Diliuzio, hereby certify this 30th day of April, 2008, that the foregoing
ANSWER TO COMPLAINT was electronically filed with U.S. District Court District of
Delaware via CM/ECF (Official Court Electronic Document Filing System) and two (2) copies
were served on the following inthe manner indicated:
FIRST CLASS U.S. MAIL (postage prepaid;
- Ashok V. Shah, pro sc ‘
P.O. Box 1182
New Castle, DE 19720 _
_ Sarah E. DiLuzio (Del. Bar 40%;
··/ POTTER ANDERSON & CORROON LLP
Hercules Plaza, Sixth Floor
1313 North Market Street
RO. Box 95i
Wilmington, DE 19899
(302) 984-6000 - Telephone
(302) 658~1 192 — Facsimile
· [email protected] ~ Email
Attomcysfor Dekndant Adecco USA, Inc. `

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