Electronically Filed
`6/21/2022 10:26 AM
`Hidalgo County District Clerks
`Reviewed By: Alan Garcia
`
`IN THE DISTRICT COURT
`
`93rd JUDICIAL DISTRICT
`
`CARLOS MARTINEZ,
`
`Plaintiff,
`
`
`v.
`
`
`
`SPACE EXPLORATION
`TECHNOLOGIES CORP
`a/k/a SPACEX,
`
`Defendant.
`
`CAUSE NO. C-1996-22-B
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`DEFENDANT’S ORIGINAL ANSWER AND AFFIRMATIVE DEFENSES TO
`PLAINTIFF’S ORIGINAL PETITION,
`SUBJECT TO MOTION TO COMPEL ARBITRATION
`
`TO THE HONORABLE JUDGE OF SAID COURT:
`
`NOW COMES Space Exploration Technologies Corp. (“SpaceX”), Defendant in the
`
`HIDALGO COUNTY, TEXAS
`
`above-styled and numbered cause, and files this its Original Answer and Affirmative Defenses
`
`(the “Answer”), Subject to Motion to Compel Arbitration,1 in response to Plaintiff Carlos
`
`Martinez’ (“Plaintiff”) Original Petition, and would respectfully show the Court as follows:
`
`I.
`ORIGINAL ANSWER/GENERAL DENIAL
`
`1.
`
`Subject to such stipulations and admissions as may hereinafter be made,
`
`Defendant asserts a general denial as authorized by TEX. R. CIV. P. 92, and respectfully requests
`
`that Plaintiff be required to prove the charges and allegations made against it by a preponderance
`
`of evidence as required by the Constitution and laws of the State of Texas.
`
`
`
`
`
`
`1 On or about February 23, 2020, Plaintiff entered into an “Employee Arbitration and Dispute Resolution Agreement
`and Class Action Waiver” (the “Arbitration Agreement”), through which he agreed to resolve claims of employment
`discrimination, specifically including claims pursuant to the Age Discrimination in Employment Act, arising out of
`or related to his employment with Defendant or the termination of such employment pursuant to final and binding
`arbitration. Because the claims asserted by Plaintiff in his Original Petition are subject to the terms of the parties’
`Arbitration Agreement, Defendant files this Answer subject to a Motion to Compel Arbitration to be filed in the near
`future and without waiving Defendant’s right to compel such arbitration.
`
`4857-7700-9445.1
`
`

`

`Electronically Filed
`6/21/2022 10:26 AM
`Hidalgo County District Clerks
`Reviewed By: Alan Garcia
`
`II.
`AFFIRMATIVE DEFENSES
`
`
`Defendant does not admit any liability in asserting the following defenses and other
`
`matters. Without admitting liability as to any of Plaintiff’s causes of action, Defendant states:
`
`1.
`
`Pursuant to TEX. R. CIV. P. 94, Defendant affirmatively pleads that Plaintiff has
`
`failed to mitigate any damages he may have suffered as a result of Defendant’s alleged actions,
`
`and, additionally and/or alternatively, that any award earned or received by Plaintiff should be
`
`offset by the amount of wages and benefits that Plaintiff has received during the period covered
`
`by the award.
`
`2.
`
`Pursuant to TEX. R. CIV. P. 94, Defendant affirmatively pleads that Plaintiff
`
`should be denied recovery of any damages for lost wages, benefits, or similar damages during
`
`any period of time in which he was unable to work.
`
`3.
`
`Pursuant to TEX. R. CIV. P. 54 and/or 94, Defendant affirmatively pleads that for
`
`any causes of action and/or claims pursuant to the Age Discrimination in Employment Act of
`
`1967, 29 U.S.C. § 621, et seq. (“ADEA”)2 and that have not been made the subject of a timely
`
`filed Charge of Discrimination before the EEOC and/or the Texas Workforce Commission, Civil
`
`Rights Division (“TWCCRD”) and/or any other governing administrative body, or for which the
`
`appropriate right-to-sue or other applicable notice has not been received, Plaintiff is barred
`
`recovery on those causes of action because of a failure to exhaust administrative remedies and/or
`
`to satisfy conditions precedent.
`
`4.
`
`Pursuant to TEX. R. CIV. P. 94, Defendant affirmatively pleads that Plaintiff’s
`
`claims for liquidated damages are precluded by Defendant’s good faith efforts to comply with
`
`2 Plaintiff’s Original Petition specifically asserts claims of age discrimination and retaliation pursuant to the Age
`Discrimination in Employment Act (“ADEA”); however, in referencing the ADEA’s statutory citation, which is
`correctly 29 U.S.C. § 621, et seq., Plaintiff cites 29 U.S.C. 12201 et seq. (See Pl.’s Orig. Pet. at 2, 4 and 5). Such
`statute does not exist.
`
`4857-7700-9445
`
`2
`
`

`

`Electronically Filed
`6/21/2022 10:26 AM
`Hidalgo County District Clerks
`Reviewed By: Alan Garcia
`
`the ADEA, and that Defendant had reasonable grounds to believe that its actions and/or
`
`omissions with respect to Plaintiff were in compliance with all applicable federal and state law.
`
`5.
`
`Pursuant to TEX. R. CIV. P. 94, Defendant affirmatively pleads that Plaintiff is not
`
`entitled to damages under both ADEA and the Texas Commission on Human Rights Act
`
`(“TCHRA”), as sought in Paragraph 33(b), 33(c), 34 and the “Prayer” of Plaintiff’s Original
`
`Petition, as Plaintiff has not asserted any claims under the TCHRA and any such recovery would
`
`amount to an impermissible double recovery.
`
`6.
`
`Pursuant to TEX. R. CIV. P. 94, Defendant affirmatively pleads that Plaintiff is not
`
`entitled to some or all of the relief requested in his pleading because, even if Defendant were
`
`found to have considered any impermissible factors in any decisions or actions with respect to
`
`Plaintiff, which Defendant denies, Defendant would have taken the same action with regard to
`
`his employment regardless of any impermissible factors.
`
`7.
`
`Pursuant to TEX. R. CIV. P. 94, Defendant affirmatively pleads that it has in place
`
`a clear and well disseminated policy against discrimination and a reasonable and available
`
`procedure for handling complaints thereof, which provides for prompt and effective action; to the
`
`extent Plaintiff unreasonably failed to take advantage of the preventative or corrective
`
`opportunities provided by Defendant or to otherwise avoid harm, Plaintiff’s claims of
`
`discrimination are barred
`
`III.
`PRAYER
`
`WHEREFORE, PREMISES CONSIDERED, Defendant Space Exploration Technologies
`
`
`
`Corp. prays that Plaintiff be denied all relief requested in his Original Petition, that a take-
`
`nothing judgment be entered against Plaintiff, that Defendant recover its costs and attorneys’ fees
`
`4857-7700-9445
`
`3
`
`

`

`as the prevailing party, and for such other relief, at law or in equity, both general and specific, to
`
`which it may be justly entitled.
`
`Electronically Filed
`6/21/2022 10:26 AM
`Hidalgo County District Clerks
`Reviewed By: Alan Garcia
`
`Respectfully submitted,
`
`DYKEMA GOSSETT, PLLC
`112 East Pecan Street, Suite 1800
`San Antonio, Texas 78205
`Telephone: (210) 554-5500
`Facsimile: (210) 226-8395
`
`
`
`By: /s/ Ramon D. Bissmeyer
`Ramon D. Bissmeyer
`Texas State Bar No. 00787088
`Email: RBissmeyer@dykema.com
`Kelly E. Preston
`Texas State Bar No. 24092912
`Email: KPreston@dykema.com
`
`ATTORNEYS FOR DEFENDANT,
`SPACE EXPLORATION TECHNOLOGIES
`CORP.
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on June 21, 2022 I electronically filed the foregoing document with
`
`the Clerk of Court using the efile Texas system, which will send notification of such filing to the
`following counsel of record:
`
`
`Mr. Daniel E. Vargas
`The Vargas Law Office
`324 W. University Drive
`Edinburg, Texas 78539
`Email: thevargaslawoffice@gmail.com
`
`
`
`
`
`
`/s/ Ramon D. Bissmeyer
`Ramon D. Bissmeyer
`
`
`
`4857-7700-9445
`
`4
`
`

`

`Automated Certificate of eService
`This automated certificate of service was created by the efiling system.
`The filer served this document via email generated by the efiling system
`on the date and to the persons listed below. The rules governing
`certificates of service have not changed. Filers must still provide a
`certificate of service that complies with all applicable rules.
`Sandra Young on behalf of Ramon Bissmeyer
`Bar No. 787088
`syoung@dykema.com
`Envelope ID: 65617796
`Status as of 6/21/2022 10:28 AM CST
`
`Case Contacts
`
`Name
`Ramon D.Bissmeyer
`Sandra LeeYoung
`Diane Staner
`Dykema Docket
`Kelly Preston
`Daniel Vargas
`
`BarNumber
`
`24092912
`24072403
`
`Email
`rbissmeyer@dykema.com
`syoung@dykema.com
`dstaner@dykema.com
`docketSAT@dykema.com
`kpreston@dykema.com
`thevargaslawoffice@gmail.com
`
`TimestampSubmitted
`6/21/2022 10:26:20 AM
`6/21/2022 10:26:20 AM
`6/21/2022 10:26:20 AM
`6/21/2022 10:26:20 AM
`6/21/2022 10:26:20 AM
`6/21/2022 10:26:20 AM
`
`Status
`SENT
`SENT
`SENT
`SENT
`SENT
`SENT
`
`