Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00719-SLR

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Filed 12/10/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWAR
FAYE D. WHITE
Plaintiff,

Civil Action No. 07-719
v.

DOVER DOWNS, INC.,

Defendant.

ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT
Defendant Dover Downs, Inc., by and through its undersigned counsel, responds to the
Complaint as follows:
1. It is admitted that Plaintiff in this action seeks to challenge her termination of

employment pursuant to Title VII of

the Civil Rights Act of 1964. Dover Downs denies that any

violation of any law has occurred. Defendant further admits that federal question jurisdiction

exists by virte of Title VII of the Civil Rights Act of 1964, but denies liability for the acts
alleged.

2. Dover Downs is without knowledge or information sufficient to form a belief as
to the truth of the allegations in Paragraph 2.

3. Dover Downs admits that it regularly conducts business at 1131 North Dupont

Highway, Dover, DE 19901.
4. Dover Downs admits that Plaintiff is a former employee of

Dover Downs and that

Plaintiffs Complaint alleges discrimination in her employment with Dover Downs, but denies
liability for the acts alleged.

5. Denied.

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6. Denied.

7. Dover Downs admits that Plaintiff filed a Charge of Discrimination with the
Delaware Deparent of Labor and the Equal Employment Opportunity Commission ("EEOC")

on June 21,2006. Dover Downs denies the remaining allegations in Paragraph 7.
8. Denied.

9. Dover Downs admits that the EEOC issued a Dismissal and Notice of Rights
letter on August 8, 2007. Dover Downs is without knowledge or information suffcient to form a
belief as to the truth of

the remaining allegations in Paragraph 9.

10. Dover Downs admits that Plaintiff was terminated from employment with Dover

Downs and that Plaintiffs Complaint alleges discrimination in her employment with Dover

Downs, but denies liability for the acts alleged.
11. Denied.

12. Dover Downs denies liability for the acts alleged in the Charge of Discrimination

that Plaintiff filed with the EEOC.
13. Denied. 14. Denied.

WHEREFORE, Dover Downs requests that the Cour dismiss the Complaint with

prejudice and enter any further relief, including costs and attorneys' fees to Defendant and
against Plaintiff, as this Cour deems appropriate.

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FIRST AFFIRMATIVE DEFENSE
The Complaint fails to state a claim upon which relief may be granted.

SECOND AFFIRMATIVE DEFENSE
Plaintiffs claims are bared, in whole or in part, by the applicable statute oflimitations.

THIRD AFFIRMTIVE DEFENSE

Some or all of Plaintiffs claims are bared because she failed to exhaust her
administrative remedies.

FOURTH AFFIRMATIVE DEFENSE
Plaintiffs claims are bared by the doctrnes of

waiver, estoppel and laches.

FIFTH AFFIRMATIVE DEFENSE
Dover Downs, at all times, acted in good faith and for legitimate, non-discriminatory, and
non-retaliatory reasons.

SIXTH AFFIRMATIVE DEFENSE

Dover Downs would have taken the same personnel actions regarding Plaintiff
irrespective of

her sex and disability.

SEVENTH AFFIRMATIVE DEFENSE
Dover Downs based its actions on reasonable factors other than sex and disability.

EIGHTH AFFIRMATIVE DEFENSE
Dover Downs' actions or inactions were not the proximate, legal, or substantial cause of
any damages, injury, or loss suffered by Plaintiff, the existence of

which is denied.

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NINTH AFFIRMATIVE DEFENSE
Plaintiffs claims are bared or offset by Plaintiffs failure to mitigate any claim for loss

or damages.

/s/ Lisa Zwallv Brown

R. Montgomery Donaldson (#4367) rdonaldson(fmmwr. com Lisa Zwally Brown (#4328) Izbrown(fmmwr. com
MONTGOMERY, MCCRACKEN, WALKER & RHOADS, LLP

1105 N. Market Street, Suite 1500 Wilmington, DE 19801-1607 Tel: (302) 504-7800
Fax: (302) 504-7820

Attorneys for Defendant

Dated: December 10, 2007

Dover Downs, Inc.

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CERTIFICATE OF SERVICE
I, Lisa Zwally Brown, hereby certify that on this 10th day of

December 2007, I caused to

be served a copy of

Defendant Dover Downs, Inc.'s Answer and Affrmative Defenses to

Complaint by United States first-class mail, postage prepaid, on the following:

Ms. Faye Whte
P.O. Box 1265 Dover, DE 19903

Isl Lisa Zwallv Brown

Lisa Zwally Brown (#4328)

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