Case 8:19-cv-02529-TPB-AEP Document 90 Filed 03/22/21 Page 1 of 26 PageID 443
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`UNITED STATES DISTRICT COURT
`MIDDLE DISTRICT OF FLORIDA
`TAMPA DIVISION
`
`STEPHANIE DICKENS,
`
`Plaintiff,
`
`v.
`
` Case No. 19-cv-02529
`
`PEPPERIDGE FARM INCORPORATED,
`
`Defendant.
`_____________________________________________/
`
`DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES TO COUNT I
`OF PLAINTIFF’S THIRD AMENDED COMPLAINT
`
`Defendant, Pepperidge Farm Incorporated (“Defendant”), by and through
`
`its undersigned counsel, hereby responds to Count I of Plaintiff, Stephanie
`
`Dickens (“Plaintiff”)’s Third Amended Complaint filed March 8, 2021 as follows:
`
`JURISDICTION AND VENUE
`
`1.
`
`Defendant admits the allegations made in Paragraph 1 of the Third
`
`Amended Complaint for jurisdictional purposes only. The remaining allegations
`
`of Paragraph 1 of the Third Amended Complaint are denied.
`
`2.
`
`Defendant admits the allegations made in Paragraph 2 of the Third
`
`Amended Complaint for jurisdictional purposes only.
`
`Page 1 of 26
`
`
`
`UNITED STATES DISTRICT COURT
`MIDDLE DISTRICT OF FLORIDA
`TAMPA DIVISION
`
`STEPHANIE DICKENS,
`
`Plaintiff,
`
`v.
`
` Case No. 19-cv-02529
`
`PEPPERIDGE FARM INCORPORATED,
`
`Defendant.
`_____________________________________________/
`
`DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES TO COUNT I
`OF PLAINTIFF’S THIRD AMENDED COMPLAINT
`
`Defendant, Pepperidge Farm Incorporated (“Defendant”), by and through
`
`its undersigned counsel, hereby responds to Count I of Plaintiff, Stephanie
`
`Dickens (“Plaintiff”)’s Third Amended Complaint filed March 8, 2021 as follows:
`
`JURISDICTION AND VENUE
`
`1.
`
`Defendant admits the allegations made in Paragraph 1 of the Third
`
`Amended Complaint for jurisdictional purposes only. The remaining allegations
`
`of Paragraph 1 of the Third Amended Complaint are denied.
`
`2.
`
`Defendant admits the allegations made in Paragraph 2 of the Third
`
`Amended Complaint for jurisdictional purposes only.
`
`Page 1 of 26
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`Case 8:19-cv-02529-TPB-AEP Document 90 Filed 03/22/21 Page 2 of 26 PageID 444
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`3.
`
`Defendant admits the allegations made in Paragraph 3 of the Third
`
`Amended Complaint for purposes of venue only. The remaining allegations of
`
`Paragraph 3 of the Third Amended Complaint are denied.
`
`PARTIES
`
`4.
`
`Defendant admits the allegations made in Paragraph 4 of the Third
`
`Amended Complaint.
`
`5.
`
`Defendant admits the allegations made in Paragraph 5 of the Third
`
`Amended Complaint.
`
`6.
`
`Defendant admits that it is incorporated in Connecticut and that it
`
`operates a manufacturing plant in Lakeland, Florida. The remaining allegations
`
`of Paragraph 6 of the Third Amended Complaint are admitted for jurisdictional
`
`purposes only.
`
`ADMINISTRATIVE PREREQUISITES
`
`5.
`
`Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 51 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies that Plaintiff exhausted her
`
`1 Paragraph “5” of the Third Amended Complaint, along with all subsequently numbered
`paragraphs, are incorrectly numbered. However, for the purposes of consistency, this Answer
`will respond to the paragraphs as numbered in Plaintiff’s Third Amended Complaint.
`
`Page 2 of 26
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`Case 8:19-cv-02529-TPB-AEP Document 90 Filed 03/22/21 Page 3 of 26 PageID 445
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`administrative remedies with respect to Counts II and III of the Third Amended
`
`Complaint.
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`6.
`
`Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 6 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies that Plaintiff exhausted her
`
`administrative remedies with respect to Counts II and III of the Third Amended
`
`Complaint.
`
`7.
`
`Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 7 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies that Plaintiff exhausted her
`
`administrative remedies with respect to Counts II and III of the Third Amended
`
`Complaint.
`
`8.
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`Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 8 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies that Plaintiff exhausted her
`
`administrative remedies with respect to Counts II and III of the Third Amended
`
`Complaint.
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`Page 3 of 26
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`Case 8:19-cv-02529-TPB-AEP Document 90 Filed 03/22/21 Page 4 of 26 PageID 446
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`9.
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`Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 9 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies that Plaintiff exhausted her
`
`administrative remedies with respect to Counts II and III of the Third Amended
`
`Complaint.
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`10. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 10 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies that Plaintiff exhausted her
`
`administrative remedies with respect to Counts II and III of the Third Amended
`
`Complaint.
`
`11. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 11 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies that Plaintiff exhausted her
`
`administrative remedies with respect to Counts II and III of the Third Amended
`
`Complaint.
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`Page 4 of 26
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`Case 8:19-cv-02529-TPB-AEP Document 90 Filed 03/22/21 Page 5 of 26 PageID 447
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`GENERAL ALLEGATIONS
`
`12. Defendant admits that Plaintiff was hired by Defendant on March 2,
`
`2009 and remains employed by Defendant as of the date of this Answer and
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`Affirmative Defenses. The remaining allegations made in Paragraph 12 of the
`
`Third Amended Complaint purport to state a legal conclusion; therefore, no
`
`response is required. To the extent a response is required, the allegations are
`
`denied.
`
`13. Defendant admits the allegations made in the first sentence of
`
`Paragraph 13 of the Third Amended Complaint. The remaining allegations
`
`made in Paragraph 13 of the Third Amended Complaint purport to state a legal
`
`conclusion; therefore, no response is required. To the extent a response is
`
`required, the allegations are denied.
`
`14.
`
` Defendant admits that Plaintiff was hired by Defendant on March 2,
`
`2009 and remains employed by Defendant as of the date of this Answer and
`
`Affirmative Defenses. The remaining allegations made in Paragraph 14 of the
`
`Third Amended Complaint purport to state a legal conclusion; therefore, no
`
`response is required. To the extent a response is required, the allegations are
`
`denied.
`
`15. Defendant admits that Plaintiff was employed by Defendant on
`
`March 2, 2009 and remains employed by Defendant as of the date of this Answer
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`Page 5 of 26
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`Case 8:19-cv-02529-TPB-AEP Document 90 Filed 03/22/21 Page 6 of 26 PageID 448
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`and Affirmative Defenses. The remaining allegations made in Paragraph 15 of
`
`the Third Amended Complaint purport to state a legal conclusion; therefore, no
`
`response is required. To the extent a response is required, the allegations are
`
`denied.
`
`16. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 16 of the Third Amended Complaint to the extent that
`
`they relate to Counts II or III of the Third Amended Complaint. To the extent the
`
`allegations pertain to Count I, Defendant denies the allegations of Paragraph 16
`
`of the Third Amended Complaint. As well, to the extent a response is required
`
`with respect to Counts II and III of the Third Amended Complaint, Defendant
`
`denies the allegations contained in Paragraph 16 of the Third Amended
`
`Complaint.
`
`17. Defendant is without knowledge as to the allegations made in
`
`Paragraph 17 of the Third Amended Complaint; therefore, they are denied.
`
`FACTUAL ALLEGATIONS REGARDING THE
`TIMELINESS OF PLAINTIFF’S CHARGE OF DISCRIMINATION
`
`18. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 18 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies that Plaintiff exhausted her
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`Page 6 of 26
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`Case 8:19-cv-02529-TPB-AEP Document 90 Filed 03/22/21 Page 7 of 26 PageID 449
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`administrative remedies with respect to Counts II and III of the Third Amended
`
`Complaint.
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`19. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 19 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies that Plaintiff exhausted her
`
`administrative remedies with respect to Counts II and III of the Third Amended
`
`Complaint.
`
`20.
`
` Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 20 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies that Plaintiff exhausted her
`
`administrative remedies with respect to Counts II and III of the Third Amended
`
`Complaint.
`
`21. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 21 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies that Plaintiff exhausted her
`
`administrative remedies with respect to Counts II and III of the Third Amended
`
`Complaint.
`
`Page 7 of 26
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`Case 8:19-cv-02529-TPB-AEP Document 90 Filed 03/22/21 Page 8 of 26 PageID 450
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`22. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 22 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies that Plaintiff exhausted her
`
`administrative remedies with respect to Counts II and III of the Third Amended
`
`Complaint.
`
`23. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 23 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies that Plaintiff exhausted her
`
`administrative remedies with respect to Counts II and III of the Third Amended
`
`Complaint.
`
`24. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 24 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies that Plaintiff exhausted her
`
`administrative remedies with respect to Counts II and III of the Third Amended
`
`Complaint.
`
`25. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`Page 8 of 26
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`Case 8:19-cv-02529-TPB-AEP Document 90 Filed 03/22/21 Page 9 of 26 PageID 451
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`allegations of Paragraph 25 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies that Plaintiff exhausted her
`
`administrative remedies with respect to Counts II and III of the Third Amended
`
`Complaint.
`
`26. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 26 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies that Plaintiff exhausted her
`
`administrative remedies with respect to Counts II and III of the Third Amended
`
`Complaint.
`
`27. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 27 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies that Plaintiff exhausted her
`
`administrative remedies with respect to Counts II and III of the Third Amended
`
`Complaint.
`
`28. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 28 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies that Plaintiff exhausted her
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`Page 9 of 26
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`Case 8:19-cv-02529-TPB-AEP Document 90 Filed 03/22/21 Page 10 of 26 PageID 452
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`administrative remedies with respect to Counts II and III of the Third Amended
`
`Complaint.
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`29. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 29 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies that Plaintiff exhausted her
`
`administrative remedies with respect to Counts II and III of the Third Amended
`
`Complaint.
`
`30. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 30 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies that Plaintiff exhausted her
`
`administrative remedies with respect to Counts II and III of the Third Amended
`
`Complaint.
`
`FACTUAL ALLEGATIONS REGARDING RETALIATION UNDER THE
`FPWA
`
`31. Defendant admits the allegations made in the first sentence of
`
`Paragraph 31 of the Third Amended Complaint. With respect to the second
`
`sentence of Paragraph 31 of the Third Amended Complaint, Defendant admits
`
`that Plaintiff began the position of General Utility Worker in February of 2016
`
`and that she was offered the position of Production Helper in April of 2018 in
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`Page 10 of 26
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`Case 8:19-cv-02529-TPB-AEP Document 90 Filed 03/22/21 Page 11 of 26 PageID 453
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`lieu of termination after Plaintiff received multiple disciplinary warnings and
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`suspensions for unsatisfactory performance as a General Utility Worker.
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`Plaintiff occupied the role of Production Helper from May 15, 2018 until August
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`25, 2019 when she bid into the position of Roll Panner, which she continues to
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`occupy as of the date of this Answer and Affirmative Defenses. The remaining
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`allegations of Paragraph 31 of the Third Amended Complaint are denied.
`
`32. Defendant denies the allegations made in Paragraph 32 of the Third
`
`Amended Complaint.
`
`33. Defendant denies the allegations made in Paragraph 33 of the Third
`
`Amended Complaint.
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`34.
`
`The allegations made in Paragraph 34 of the Third Amended
`
`Complaint fail to specify the particular actions that were allegedly taken by
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`Defendant and/or its agents, servants, and employees. Accordingly, Defendant
`
`is unable to either admit or deny the allegations made in Paragraph 34 of the
`
`Third Amended Complaint. To the extent a response is required, Defendant
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`specifically denies any allegations of wrongdoing.
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`35.
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`The allegations made in Paragraph 35 of the Third Amended
`
`Complaint purport to state a legal conclusion; therefore, no response is required.
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`To the extent a response is required, the allegations are denied.
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`Page 11 of 26
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`Case 8:19-cv-02529-TPB-AEP Document 90 Filed 03/22/21 Page 12 of 26 PageID 454
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`36.
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`The allegations made in Paragraph 36 of the Third Amended
`
`Complaint purport to restate the requirements of the law cited, which is the best
`
`evidence of its terms; therefore, no response is required. To the extent a response
`
`is required, the allegations are denied to the extent they differ from the actual
`
`requirements of the law.
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`37.
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`The allegations made in Paragraph 37 of the Third Amended
`
`Complaint purport to restate the requirements of the law cited, which is the best
`
`evidence of its terms; therefore, no response is required. To the extent a response
`
`is required, the allegations are denied to the extent they differ from the actual
`
`requirements of the law.
`
`38.
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`The allegations made in Paragraph 38 of the Third Amended
`
`Complaint purport to restate the requirements of the law, which is the best
`
`evidence of its terms; therefore, no response is required. To the extent a response
`
`is required, the allegations are denied to the extent they differ from the actual
`
`requirements of the law.
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`39. Defendant denies the allegations made in Paragraph 39 of the Third
`
`Amended Complaint.
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`40. Defendant denies the allegations made in Paragraph 40 of the Third
`
`Amended Complaint.
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`Page 12 of 26
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`Case 8:19-cv-02529-TPB-AEP Document 90 Filed 03/22/21 Page 13 of 26 PageID 455
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`41. Defendant denies the allegations made in Paragraph 41 of the Third
`
`Amended Complaint.
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`42. Defendant denies the allegations made in Paragraph 42 of the Third
`
`Amended Complaint.
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`43.
`
`The allegations made in Paragraph 43 of the Third Amended
`
`Complaint purport to restate the requirements of the law, which is the best
`
`evidence of its terms; therefore, no response is required. To the extent a response
`
`is required, the allegations are denied to the extent they differ from the actual
`
`requirements of the law.
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`44. Defendant denies the allegations made in Paragraph 44 of the Third
`
`Amended Complaint.
`
`45. Defendant denies the allegations made in Paragraph 45 of the Third
`
`Amended Complaint.
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`46.
`
`The allegations made in Paragraph 46 of the Third Amended
`
`Complaint purport to state a legal conclusion; therefore, no response is required.
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`To the extent a response is required, the allegations are denied.
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`47. Defendant denies the allegations made in Paragraph 47 of the Third
`
`Amended Complaint.
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`48. Defendant denies the allegations made in Paragraph 48 of the Third
`
`Amended Complaint.
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`Page 13 of 26
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`Case 8:19-cv-02529-TPB-AEP Document 90 Filed 03/22/21 Page 14 of 26 PageID 456
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`49. Defendant denies the allegations made in Paragraph 49 of the Third
`
`Amended Complaint.
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`50. Defendant admits that Plaintiff was offered the position of
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`Production Helper in April of 2018 in lieu of termination after Plaintiff received
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`multiple disciplinary warnings and suspensions for unsatisfactory performance
`
`as a General Utility Worker. The remaining allegations of Paragraph 50 of the
`
`Third Amended Complaint are denied.
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`51. Defendant denies the allegations made in Paragraph 51 of the Third
`
`Amended Complaint.
`
`52. Defendant denies the allegations made in the first sentence of
`
`Paragraph 52 of the Third Amended Complaint. Defendant is without
`
`knowledge as to the allegations made in the second sentence of Paragraph 52 of
`
`the Third Amended Complaint; therefore, they are denied.
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`53. Defendant admits that a General Utility Worker must satisfactorily
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`perform any position in the bakery department at any given time. The
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`remaining allegations of Paragraph 53 of the Third Amended Complaint are
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`denied.
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`54. Defendant admits that Plaintiff was offered the position of
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`Production Helper in April of 2018 in lieu of termination after Plaintiff received
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`multiple disciplinary warnings and suspensions for unsatisfactory performance
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`Page 14 of 26
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`Case 8:19-cv-02529-TPB-AEP Document 90 Filed 03/22/21 Page 15 of 26 PageID 457
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`as a General Utility Worker. The remaining allegations of Paragraph 54 of the
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`Third Amended Complaint are denied.
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`55. Defendant denies the allegations made in Paragraph 55 of the Third
`
`Amended Complaint.
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`56. Defendant denies the allegations made in Paragraph 56 of the Third
`
`Amended Complaint.
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`FACTUAL ALLEGATIONS REGARDING GENDER DISCRIMINATION
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`57. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 57 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies any allegations that it
`
`violated the FCRA.
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`58. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 58 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies any allegations that it
`
`violated the FCRA.
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`59. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 59 of the Third Amended Complaint. To the extent a
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`Page 15 of 26
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`Case 8:19-cv-02529-TPB-AEP Document 90 Filed 03/22/21 Page 16 of 26 PageID 458
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`response is required, Defendant specifically denies any allegations that it
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`violated the FCRA.
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`60. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 60 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies any allegations that it
`
`violated the FCRA.
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`61. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 61 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies any allegations that it
`
`violated the FCRA.
`
`62. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 62 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies any allegations that it
`
`violated the FCRA.
`
`63. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 63 of the Third Amended Complaint. To the extent a
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`Page 16 of 26
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`Case 8:19-cv-02529-TPB-AEP Document 90 Filed 03/22/21 Page 17 of 26 PageID 459
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`response is required, Defendant specifically denies any allegations that it
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`violated the FCRA.
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`64. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 64 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies any allegations that it
`
`violated the FCRA.
`
`65. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 65 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies any allegations that it
`
`violated the FCRA.
`
`66. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 66 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies any allegations that it
`
`violated the FCRA.
`
`67. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 67 of the Third Amended Complaint. To the extent a
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`Page 17 of 26
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`Case 8:19-cv-02529-TPB-AEP Document 90 Filed 03/22/21 Page 18 of 26 PageID 460
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`response is required, Defendant specifically denies any allegations that it
`
`violated the FCRA.
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`68. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 68 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies any allegations that it
`
`violated the FCRA.
`
`69. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 69 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies any allegations that it
`
`violated the FCRA.
`
`70. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 70 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies any allegations that it
`
`violated the FCRA.
`
`71. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 71 of the Third Amended Complaint. To the extent a
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`Page 18 of 26
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`Case 8:19-cv-02529-TPB-AEP Document 90 Filed 03/22/21 Page 19 of 26 PageID 461
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`response is required, Defendant specifically denies any allegations that it
`
`violated the FCRA.
`
`72. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 72 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies any allegations that it
`
`violated the FCRA.
`
`73. Defendant has moved to dismiss Counts II and III of the Third
`
`Amended Complaint. Accordingly, Defendant is not required to respond to the
`
`allegations of Paragraph 73 of the Third Amended Complaint. To the extent a
`
`response is required, Defendant specifically denies any allegations that it
`
`violated the FCRA.
`
`COUNT I
`RETALIATION UNDER THE FPWA
`
`74. Defendant realleges its responses to Paragraphs 1 through 17 and 31
`
`through 56 of the Third Amended Complaint as if fully restated herein.
`
`75. Defendant denies the allegations made in Paragraph 75 of the Third
`
`Amended Complaint.
`
`76. Defendant denies the allegations made in Paragraph 76 of the Third
`
`Amended Complaint.
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`Page 19 of 26
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`Case 8:19-cv-02529-TPB-AEP Document 90 Filed 03/22/21 Page 20 of 26 PageID 462
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`77. Defendant denies the allegations made in Paragraph 77 of the Third
`
`Amended Complaint.
`
`COUNT II
`FCRA VIOLATION
`(GENDER DISCRIMINATION)
`
`78. Defendant realleges its responses to Paragraphs 1 through 30 and 57
`
`through 73 of the Third Amended Complaint as if fully restated herein.
`
`79. Defendant has moved to dismiss Count II of the Third Amended
`
`Complaint. Accordingly, Defendant is not required to respond to the allegations
`
`of Paragraph 79 of the Third Amended Complaint. To the extent a response is
`
`required, Defendant specifically denies any allegations that it violated the FCRA.
`
`80. Defendant has moved to dismiss Count II of the Third Amended
`
`Complaint. Accordingly, Defendant is not required to respond to the allegations
`
`of Paragraph 80 of the Third Amended Complaint. To the extent a response is
`
`required, Defendant specifically denies any allegations that it violated the FCRA.
`
`81. Defendant has moved to dismiss Count II of the Third Amended
`
`Complaint. Accordingly, Defendant is not required to respond to the allegations
`
`of Paragraph 81 of the Third Amended Complaint. To the extent a response is
`
`required, Defendant specifically denies any allegations that it violated the FCRA.
`
`82. Defendant has moved to dismiss Count II of the Third Amended
`
`Complaint. Accordingly, Defendant is not required to respond to the allegations
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`Page 20 of 26
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`
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`Case 8:19-cv-02529-TPB-AEP Document 90 Filed 03/22/21 Page 21 of 26 PageID 463
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`of Paragraph 82 of the Third Amended Complaint. To the extent a response is
`
`required, Defendant specifically denies any allegations that it violated the FCRA.
`
`83. Defendant has moved to dismiss Count II of the Third Amended
`
`Complaint. Accordingly, Defendant is not required to respond to the allegations
`
`of Paragraph 83 of the Third Amended Complaint. To the extent a response is
`
`required, Defendant specifically denies any allegations that it violated the FCRA.
`
`84. Defendant has moved to dismiss Count II of the Third Amended
`
`Complaint. Accordingly, Defendant is not required to respond to the allegations
`
`of Paragraph 84 of the Third Amended Complaint. To the extent a response is
`
`required, Defendant specifically denies any allegations that it violated the FCRA.
`
`85. Defendant has moved to dismiss Count II of the Third Amended
`
`Complaint. Accordingly, Defendant is not required to respond to the allegations
`
`of Paragraph 85 of the Third Amended Complaint. To the extent a response is
`
`required, Defendant specifically denies any allegations that it violated the FCRA.
`
`COUNT III
`FCRA RETALIATION
`
`86. Defendant realleges its responses to Paragraphs 1 through 30 and 57
`
`through 73 of the Third Amended Complaint as if fully restated herein.
`
`87. Defendant has moved to dismiss Count III of the Third Amended
`
`Complaint. Accordingly, Defendant is not required to respond to the allegations
`
`Page 21 of 26
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`
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`Case 8:19-cv-02529-TPB-AEP Document 90 Filed 03/22/21 Page 22 of 26 PageID 464
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`of Paragraph 87 of the Third Amended Complaint. To the extent a response is
`
`required, Defendant specifically denies any allegations that it violated the FCRA.
`
`88. Defendant has moved to dismiss Count III of the Third Amended
`
`Complaint. Accordingly, Defendant is not required to respond to the allegations
`
`of Paragraph 88 of the Third Amended Complaint. To the extent a response is
`
`required, Defendant specifically denies any allegations that it violated the FCRA.
`
`89. Defendant has moved to dismiss Count III of the Third Amended
`
`Complaint. Accordingly, Defendant is not required to respond to the allegations
`
`of Paragraph 89 of the Third Amended Complaint. To the extent a response is
`
`required, Defendant specifically denies any allegations that it violated the FCRA.
`
`90. Defendant has moved to dismiss Count III of the Third Amended
`
`Complaint. Accordingly, Defendant is not required to respond to the allegations
`
`of Paragraph 90 of the Third Amended Complaint. To the extent a response is
`
`required, Defendant specifically denies any allegations that it violated the FCRA.
`
`91. Defendant has moved to dismiss Count III of the Third Amended
`
`Complaint. Accordingly, Defendant is not required to respond to the allegations
`
`of Paragraph 91 of the Third Amended Complaint. To the extent a response is
`
`required, Defendant specifically denies any allegations that it violated the FCRA.
`
`92. Defendant has moved to dismiss Count III of the Third Amended
`
`Complaint. Accordingly, Defendant is not required to respond to the allegations
`
`Page 22 of 26
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`
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`Case 8:19-cv-02529-TPB-AEP Document 90 Filed 03/22/21 Page 23 of 26 PageID 465
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`of Paragraph 92 of the Third Amended Complaint. To the extent a response is
`
`required, Defendant specifically denies any allegations that it violated the FCRA.
`
`93. Defendant denies each and every allegation made in the Third
`
`Amended Complaint not specifically admitted in this Answer.
`
`94. Defendant has retained the law firm of Shumaker, Loop & Kendrick,
`
`LLP and is obligated to pay it reasonable attorneys’ fees, costs, and expenses for
`
`which Plaintiff may be liable under applicable law.
`
`AFFIRMATIVE DEFENSES
`
`First Affirmative Defense
`
`The alleged activity, policy, or practice of Defendant that Plaintiff alleges
`
`to have objected to or refused to participate in did not constitute an actual
`
`violation of any law, rule, or regulation.
`
`Second Affirmative Defense
`
`Plaintiff failed to notify Defendant about any illegal activity, policy, or
`
`practice.
`
`Third Affirmative Defense
`
`Plaintiff did not sufficiently identify or communicate to Defendant a
`
`violation of law, rule, or regulation to allow Defendant to infer that Plaintiff was
`
`objecting to or refusing to participate in a violation of law, rule, or regulation.
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`Page 23 of 26
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`
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`Case 8:19-cv-02529-TPB-AEP Document 90 Filed 03/22/21 Page 24 of 26 PageID 466
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`Fourth Affirmative Defense
`
`Plaintiff unreasonably failed to take advantage of preventative or
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`corrective opportunities provided by Defendant with respect to the violations
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`alleged by Plaintiff.
`
`Fifth Affirmative Defense
`
`Plaintiff’s alleged protected activity was mere performance of a job
`
`requirement and did not constitute an objection to or refusal to participate in a
`
`violation of law, rule, or regulation.
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`Sixth Affirmative Defense
`
`Any employment actions taken with respect to Plaintiff were made based
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