UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 0:20-cv-61323-MORENO-STRAUSS

DORIS VALDEZ,

Plaintiff,

v.

COLONY SHINY STAFF, LLC, d/b/a THE 

COLONY CLUB SUNRISE,

Defendant.

___________________________________/

DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES TO COUNTS I, IV-V, AND

VII OF PLAINTIFF’S FIRST AMENDED COMPLAINT AND DEMAND FOR JURY 

TRIAL1

Defendant, by and through its undersigned counsel, and pursuant to Rules 7, 12, and 15, 

Federal Rules of Civil Procedure, hereby answers and affirmatively defends against Counts I, IVV, and VII of Plaintiff’s First Amended Complaint and Demand for Jury Trial (“Complaint”) as 

follows:

NATURE OF THE ACTION

1. In response to paragraph 1 of Plaintiff’s Complaint, Defendant admits that Plaintiff 

purports to claim that this action is brought by the Age Discrimination in Employment Act, 29 

U.S.C. § 621 et seq. (“ADEA”); Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et 

seq. (“Title VII”); and the Florida Civil Rights Act, 760.01 et seq., Florida Statutes (“FCRA”) to 

redress allegedly unlawful employment practices toward Plaintiff, including, but not limited to 

discrimination and discharge from employment. Defendant, however, denies any and all 

 

1 While Plaintiff has identified the correct legal entity as the Defendant, there is no “d/b/a” 

associated with Colony Shiny Staff, LLC.

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wrongdoing and/or liability, and further denies that Plaintiff is entitled to any relief, remedies, 

and/or damages, and demands strict proof thereof. Defendant denies each and every remaining 

allegation, contention, and/or suggestion contained in paragraph 1 of Plaintiff’s Complaint and 

demands strict proof thereof.

JURISDICTION AND VENUE

2. In response to paragraph 2 of Plaintiff’s Complaint, Defendant admits that this 

Court has jurisdiction over claims brought pursuant to the ADEA, and Title VII. Defendant, 

however, denies any and all wrongdoing and/or liability, and further denies that Plaintiff is entitled 

to any relief, remedies, and/or damages, and demands strict proof thereof. Defendant denies each 

and every remaining allegation, contention, and/or suggestion contained in paragraph 2 of 

Plaintiff’s Complaint and demands strict proof thereof.

3. In response to paragraph 3 of Plaintiff’s Complaint, Defendant admits that it 

transacts affairs in this Court’s district and that its principal place of business is in Broward 

County, Florida. Defendant, however, denies any and all wrongdoing and/or liability, and further 

denies that Plaintiff is entitled to any relief, remedies, and/or damages, and demands strict proof 

thereof. Defendant denies each and every remaining allegation, contention, and/or suggestion 

contained in paragraph 3 of Plaintiff’s Complaint and demands strict proof thereof.

4. In response to paragraph 4 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 4 of Plaintiff’s Complaint 

and demands strict proof thereof.

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PROCEDURAL REQUIREMENTS

5. In response to paragraph 5 of Plaintiff’s Complaint, Defendant admits that Plaintiff 

purports to bring this matter pursuant to the Florida Civil Rights Act of 1992, Chapter 760, Florida 

Statutes. Defendant, however, denies any and all wrongdoing and/or liability, and further denies 

that Plaintiff is entitled to any relief, remedies, and/or damages, and demands strict proof thereof. 

Defendant denies each and every remaining allegation, contention, and/or suggestion contained in 

paragraph 5 of Plaintiff’s Complaint and demands strict proof thereof.

6. In response to paragraph 6 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 6 of Plaintiff’s Complaint 

and demands strict proof thereof.

7. In response to paragraph 7 of Plaintiff’s Complaint, Defendant is without sufficient 

information or knowledge to be able to admit to or deny the allegations, contentions, and/or 

suggestions contained in paragraph 7 of Plaintiff’s Complaint, and accordingly denies each and 

every allegation, contention, and/or suggestion contained in paragraph 7 of Plaintiff’s Complaint 

and demands strict proof thereof.

8. In response to paragraph 8 of Plaintiff’s Complaint, Defendant is without sufficient 

information or knowledge to be able to admit to or deny the allegations, contentions, and/or 

suggestions contained in paragraph 8 of Plaintiff’s Complaint, and accordingly denies each and 

every allegation, contention, and/or suggestion contained in paragraph 8 of Plaintiff’s Complaint 

and demands strict proof thereof.

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9. In response to paragraph 9 of Plaintiff’s Complaint, Defendant is without sufficient 

information or knowledge to be able to admit to or deny the allegations, contentions, and/or 

suggestions contained in paragraph 9 of Plaintiff’s Complaint, and accordingly denies each and 

every allegation, contention, and/or suggestion contained in paragraph 9 of Plaintiff’s Complaint 

and demands strict proof thereof.

10. In response to paragraph 10 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 10 of Plaintiff’s Complaint, and accordingly denies each 

and every allegation, contention, and/or suggestion contained in paragraph 10 of Plaintiff’s 

Complaint and demands strict proof thereof.

11. In response to paragraph 11 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 11 of Plaintiff’s Complaint 

and demands strict proof thereof.

PARTIES

12. In response to paragraph 12 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 12 of Plaintiff’s Complaint, and accordingly denies each 

and every allegation, contention, and/or suggestion contained in paragraph 12 of Plaintiff’s 

Complaint and demands strict proof thereof.

13. In response to paragraph 13 of Plaintiff’s Complaint, Defendant admits the

allegations contained in paragraph 13 of Plaintiff’s Complaint.

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14. In response to paragraph 14 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 14 of Plaintiff’s Complaint, and accordingly denies each 

and every allegation, contention, and/or suggestion contained in paragraph 14 of Plaintiff’s 

Complaint and demands strict proof thereof.

15. In response to paragraph 15 of Plaintiff’s Complaint, Defendant admits that Donna 

Yam (“Yam”) was Defendant’s Administrator who held supervisory authority over Plaintiff. 

Defendant is without sufficient information or knowledge to be able to admit to or deny Plaintiff’s 

allegation, contention, and/or suggestion that Yam controlled various tangible aspects of Plaintiff’s 

employment, and accordingly denies this allegation, contention, and/or suggestion and demands 

strict proof thereof. Defendant denies each and every remaining allegation, contention, and/or 

suggestion contained in paragraph 15 of Plaintiff’s Complaint and demands strict proof thereof.

16. In response to paragraph 16 of Plaintiff’s Complaint, Defendant admits that Lydia 

Bridgewater (“Bridgewater”) was Defendant’s Director of Nursing who held supervisory authority 

over Plaintiff. Defendant is without sufficient information or knowledge to be able to admit to or 

deny Plaintiff’s allegation, contention, and/or suggestion that Bridgewater controlled various 

tangible aspects of Plaintiff’s employment, and accordingly denies this allegation, contention, 

and/or suggestion and demands strict proof thereof. Defendant denies each and every remaining 

allegation, contention, and/or suggestion contained in paragraph 16 of Plaintiff’s Complaint and 

demands strict proof thereof.

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STATEMENT OF ALLEGED FACTS

17. In response to paragraph 17, Defendant admits the allegations contained in 

paragraph 17 of Plaintiff’s Complaint.

18. In response to paragraph 18 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 18 of Plaintiff’s Complaint, and accordingly denies each 

and every allegation, contention, and/or suggestion contained in paragraph 18 of Plaintiff’s 

Complaint and demands strict proof thereof.

19. In response to paragraph 19 of Plaintiff’s Complaint, Defendant admits that 

Plaintiff was employed by Defendant as a housekeeper, laundry person, and resident assistant. 

Defendant denies each and every remaining allegation, contention, and/or suggestion contained in 

paragraph 19 of Plaintiff’s Complaint and demands strict proof thereof.

20. In response to paragraph 20 of Plaintiff’s Complaint, Defendant admits that 

Bridgewater stated that “they will eat her alive.” Defendant denies each and every remaining 

allegation, contention, and/or suggestion contained in paragraph 20 of Plaintiff’s Complaint and 

demands strict proof thereof.

21. In response to paragraph 21 of Plaintiff’s Complaint, Defendant admits that 

Bridgewater stated that “they will eat her alive.” Defendant denies each and every remaining 

allegation, contention, and/or suggestion contained in paragraph 21 of Plaintiff’s Complaint and 

demands strict proof thereof.

22. In response to paragraph 22 of Plaintiff’s Complaint, Defendant denies each and 

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every allegation, contention, and/or suggestion contained in paragraph 22 of Plaintiff’s Complaint 

and demands strict proof thereof.

23. In response to paragraph 23 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 23 of Plaintiff’s Complaint 

and demands strict proof thereof.

24. In response to paragraph 24 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 24 of Plaintiff’s Complaint, and accordingly denies each 

and every allegation, contention, and/or suggestion contained in paragraph 24 of Plaintiff’s 

Complaint and demands strict proof thereof.

25. In response to paragraph 25 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 25 of Plaintiff’s Complaint, and accordingly denies each 

and every allegation, contention, and/or suggestion contained in paragraph 25 of Plaintiff’s 

Complaint and demands strict proof thereof.

26. In response to paragraph 26 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 26 of Plaintiff’s Complaint, and accordingly denies each 

and every allegation, contention, and/or suggestion contained in paragraph 26 of Plaintiff’s 

Complaint and demands strict proof thereof.

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27. In response to paragraph 27 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 27 of Plaintiff’s Complaint, and accordingly denies each 

and every allegation, contention, and/or suggestion contained in paragraph 27 of Plaintiff’s 

Complaint and demands strict proof thereof.

28. In response to paragraph 28 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 28 of Plaintiff’s Complaint 

and demands strict proof thereof.

29. In response to paragraph 29 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 29 of Plaintiff’s Complaint 

and demands strict proof thereof.

30. In response to paragraph 30 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 30 of Plaintiff’s Complaint, and accordingly denies each 

and every allegation, contention, and/or suggestion contained in paragraph 30 of Plaintiff’s 

Complaint and demands strict proof thereof.

31. In response to paragraph 31 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 31 of Plaintiff’s Complaint, and accordingly denies each 

and every allegation, contention, and/or suggestion contained in paragraph 31 of Plaintiff’s 

Complaint and demands strict proof thereof.

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32. In response to paragraph 32 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 32 of Plaintiff’s Complaint, and accordingly denies each 

and every allegation, contention, and/or suggestion contained in paragraph 32 of Plaintiff’s 

Complaint and demands strict proof thereof.

33. In response to paragraph 33 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 33 of Plaintiff’s Complaint 

and demands strict proof thereof.

34. In response to paragraph 34 of Plaintiff’s Complaint, Defendant admits that Anne 

told Plaintiff to go see administration to make a workers’ compensation report. Defendant further 

admits that Plaintiff made a workers’ compensation claim for an injured finger. Defendant denies 

that the date was March 6, 2019 and demands strict proof thereof. Defendant denies that it refused 

to provide Plaintiff with treatment and demands strict proof thereof. Defendant is without 

sufficient information or knowledge to be able to admit to or deny the remaining allegations, 

contentions, and/or suggestions contained in paragraph 34 of Plaintiff’s Complaint, and 

accordingly denies each and every remaining allegation, contention, and/or suggestion contained in 

paragraph 34 of Plaintiff’s Complaint and demands strict proof thereof.

35. In response to paragraph 35 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 35 of Plaintiff’s Complaint, and accordingly denies each 

and every allegation, contention, and/or suggestion contained in paragraph 35 of Plaintiff’s 

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Complaint and demands strict proof thereof.

36. In response to paragraph 36 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 36 of Plaintiff’s Complaint, and accordingly denies each 

and every allegation, contention, and/or suggestion contained in paragraph 36 of Plaintiff’s 

Complaint and demands strict proof thereof.

37. In response to paragraph 37 of Plaintiff’s Complaint, Defendant admits that Luc 

Agostini (“Agostini”) interviewed Plaintiff on or about February 8, 2019 about a resident who had 

a bruise and that the interview was conducted in the presence of Yam and Bridgewater. Defendant 

denies each and every remaining allegation, contention, and/or suggestion contained in paragraph 

37 of Plaintiff’s Complaint and demands strict proof thereof.

38. In response to paragraph 38 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 38 of Plaintiff’s Complaint 

and demands strict proof thereof.

39. In response to paragraph 39 of Plaintiff’s Complaint, Defendant admits that the 

Agency for Health Care Administration (“AHCA”) called Defendant in order to speak to Plaintiff 

about an alleged resident matter. Defendant is without sufficient information or knowledge to be 

able to admit to or deny Plaintiff’s allegation, contention, and/or suggestion contained in paragraph 

39 of Plaintiff’s Complaint that Lydia Bridgewater was on notice of this call or any other calls 

from AHCA, and accordingly denies this allegation, contention, and/or suggestion and demands 

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strict proof thereof. Defendant denies each and every remaining allegation, contention, and/or 

suggestion contained in paragraph 39 of Plaintiff’s Complaint and demands strict proof thereof.

40. In response to paragraph 40 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 40 of Plaintiff’s Complaint 

and demands strict proof thereof.

41. In response to paragraph 41 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 41 of Plaintiff’s Complaint, and accordingly denies each 

and every allegation, contention, and/or suggestion contained in paragraph 41 of Plaintiff’s 

Complaint and demands strict proof thereof.

42. In response to paragraph 42 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 42 of Plaintiff’s Complaint 

and demands strict proof thereof.

43. In response to paragraph 43 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 43 of Plaintiff’s Complaint, and accordingly denies each 

and every allegation, contention, and/or suggestion contained in paragraph 43 of Plaintiff’s 

Complaint and demands strict proof thereof.

44. In response to paragraph 44 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 44 of Plaintiff’s Complaint, and accordingly denies each 

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and every allegation, contention, and/or suggestion contained in paragraph 44 of Plaintiff’s 

Complaint and demands strict proof thereof.

45. In response to paragraph 45 of Plaintiff’s Complaint, Defendant admits that 

Agostini asked Plaintiff whether she had a phone, that Plaintiff responded in the negative, and that 

Agostini told Plaintiff that she was supposed to have a phone. Defendant denies each and every 

remaining allegation, contention, and/or suggestion contained in paragraph 45 of Plaintiff’s 

Complaint and demands strict proof thereof.

46. In response to paragraph 46 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 46 of Plaintiff’s Complaint 

and demands strict proof thereof.

47. In response to paragraph 47 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 47 of Plaintiff’s Complaint 

and demands strict proof thereof.

48. In response to paragraph 48 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 48 of Plaintiff’s Complaint 

and demands strict proof thereof.

49. In response to paragraph 49 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 49 of Plaintiff’s Complaint 

and demands strict proof thereof.

50. In response to paragraph 50 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 50 of Plaintiff’s Complaint 

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and demands strict proof thereof.

51. In response to paragraph 51 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 51 of Plaintiff’s Complaint 

and demands strict proof thereof.

52. In response to paragraph 52 of Plaintiff’s Complaint, Defendant admits that 

Plaintiff purports to claim a continuous practice of discrimination and purports to make all of her 

claims under the continuing violations doctrine. Defendant, however, denies any and all 

wrongdoing and/or liability, and further denies that Plaintiff is entitled to any relief, remedies, 

and/or damages, and demands strict proof thereof. Defendant denies each and every remaining 

allegation, contention, and/or suggestion contained in paragraph 52 of Plaintiff’s Complaint and 

demands strict proof thereof.

53. In response to paragraph 53 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 53 of Plaintiff’s Complaint 

and demands strict proof thereof.

54. In response to paragraph 54 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 54 of Plaintiff’s Complaint 

and demands strict proof thereof.

55. In response to paragraph 55 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 55 of Plaintiff’s Complaint 

and demands strict proof thereof.

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56. In response to paragraph 56 of Plaintiff’s Complaint, Defendant admits that 

Plaintiff purports to demand punitive damages against Defendant. Defendant, however, denies 

any and all wrongdoing and/or liability, and further denies that Plaintiff is entitled to any relief, 

remedies, and/or damages, and demands strict proof thereof. Defendant denies each and every 

remaining allegation, contention, and/or suggestion contained in paragraph 56 of Plaintiff’s 

Complaint and demands strict proof thereof.

57. In response to paragraph 57 of Plaintiff’s Complaint, Defendant admits that 

Plaintiff purports to claim alternatively that she is an independent contractor and purports to make 

all applicable claims under the applicable law pertaining to independent contractors. Defendant, 

however, denies any and all wrongdoing and/or liability, and further denies that Plaintiff is entitled 

to any relief, remedies, and/or damages, and demands strict proof thereof. Defendant denies each 

and every remaining allegation, contention, and/or suggestion contained in paragraph 57 of 

Plaintiff’s Complaint and demands strict proof thereof.

COUNT I – ALLEGED AGE DISCRIMINATION - ADEA

58. In response to paragraph 58 of Plaintiff’s Complaint, Defendant realleges and 

incorporates its responses to paragraph 1-57 of Plaintiff’s Complaint as if fully set forth herein.

59. In response to paragraph 59 of Plaintiff’s Complaint, Defendant admits that 

Plaintiff purports to claim that this is an action to recover all alleged damages, interest, equitable 

relief and attorney’s fees and costs on behalf of Plaintiff for alleged violations of her state rights 

under the ADEA, to include the remedies in 29 U.S.C. § 621 et seq. Defendant, however, denies 

any and all wrongdoing and/or liability and further denies that Plaintiff is entitled to any relief, 

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remedies, and/or damages, and demands strict proof thereof. Defendant denies each and every 

remaining allegation, contention, and/or suggestion contained in paragraph 59 of Plaintiff’s 

Complaint and demands strict proof thereof.

60. In response to paragraph 60 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 60 of Plaintiff’s Complaint, and accordingly denies each 

and every allegation, contention, and/or suggestion contained in paragraph 60 of Plaintiff’s 

Complaint, and demands strict proof thereof.

61. In response to paragraph 61 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 61 of Plaintiff’s Complaint, and accordingly denies each 

and every allegation, contention, and/or suggestion contained in paragraph 61 of Plaintiff’s 

Complaint, and demands strict proof thereof.

62. In response to paragraph 62 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 62 of Plaintiff’s Complaint 

and demands strict proof thereof.

63. In response to paragraph 63 of Plaintiff’s Complaint, Defendant denies that it 

unlawfully terminated Plaintiff and demands strict proof thereof. Defendant is without sufficient 

information or knowledge to be able to admit to or deny the remaining allegations, contentions, 

and/or suggestions contained in paragraph 63 of Plaintiff’s Complaint, and accordingly denies each 

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and every remaining allegation, contention, and/or suggestion contained in paragraph 63 of 

Plaintiff’s Complaint and demands strict proof thereof.

64. In response to paragraph 64 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 64 of Plaintiff’s Complaint, and accordingly denies each 

and every allegation, contention, and/or suggestion contained in paragraph 64 of Plaintiff’s 

Complaint, and demands strict proof thereof.

65. In response to paragraph 65 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 65 of Plaintiff’s Complaint 

and demands strict proof thereof.

66. In response to paragraph 66 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 66 of Plaintiff’s Complaint, and accordingly denies each 

and every allegation, contention, and/or suggestion contained in paragraph 66 of Plaintiff’s 

Complaint, and demands strict proof thereof.

67. In response to paragraph 67 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 67 of Plaintiff’s Complaint 

and demands strict proof thereof.

68. In response to paragraph 68 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 68 of Plaintiff’s Complaint 

and demands strict proof thereof. Defendant further denies that Plaintiff is entitled to any of the 

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relief, remedies, and/or damages sought in the ensuing WHEREFORE clause and demands strict 

proof thereof.

COUNT II – ALLEGED HOSTILE WORK ENVIRONMENT UNDER ADEA

69. In response to paragraph 69 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

70. In response to paragraph 70 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

71. In response to paragraph 71 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

72. In response to paragraph 72 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

73. In response to paragraph 73 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

74. In response to paragraph 74 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

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75. In response to paragraph 75 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

76. In response to paragraph 76 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

COUNT III – ALLEGED RETALIATION UNDER ADEA

77. In response to paragraph 77 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

78. In response to paragraph 78 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

79. In response to paragraph 79 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

80. In response to paragraph 80 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

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81. In response to paragraph 81 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

82. In response to paragraph 82 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

83. In response to paragraph 83 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

84. In response to paragraph 84 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

85. In response to paragraph 85 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

86. In response to paragraph 86 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

87. In response to paragraph 87 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

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COUNT IV – ALLEGED DISCRIMINATION UNDER FCRA

88. In response to paragraph 88 of Plaintiff’s Complaint, Defendant realleges and 

incorporates its responses to paragraph 1-57 of Plaintiff’s Complaint as if fully set forth herein.

89. In response to paragraph 89 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 89 of Plaintiff’s Complaint, and accordingly denies each 

and every allegation, contention, and/or suggestion contained in paragraph 89 of Plaintiff’s 

Complaint and demands strict proof thereof.

90. In response to paragraph 90 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 90 of Plaintiff’s Complaint, and accordingly denies each 

and every allegation, contention, and/or suggestion contained in paragraph 90 of Plaintiff’s 

Complaint and demands strict proof thereof.

91. In response to paragraph 91 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 91 of Plaintiff’s Complaint, and accordingly denies each 

and every allegation, contention, and/or suggestion contained in paragraph 91 of Plaintiff’s 

Complaint and demands strict proof thereof.

92. In response to paragraph 92 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 92 of Plaintiff’s Complaint 

and demands strict proof thereof.

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93. In response to paragraph 93 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 93 of Plaintiff’s Complaint 

and demands strict proof thereof.

94. In response to paragraph 94 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 94 of Plaintiff’s Complaint 

and demands strict proof thereof.

95. In response to paragraph 95 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 95 of Plaintiff’s Complaint 

and demands strict proof thereof.

96. In response to paragraph 96 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 96 of Plaintiff’s Complaint 

and demands strict proof thereof.

97. In response to paragraph 97 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 97 of Plaintiff’s Complaint 

and demands strict proof thereof. Defendant further denies that Plaintiff is entitled to any of the 

relief, remedies, and/or damages sought in the ensuing WHEREFORE clause and demands strict 

proof thereof.

COUNT V – ALLEGED NATIONAL ORIGIN DISCRIMINATION

UNDER FCRA

98. In response to paragraph 98 of Plaintiff’s Complaint, Defendant realleges and 

incorporates its responses to paragraph 1-57 of Plaintiff’s Complaint as if fully set forth herein.

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99. In response to paragraph 99 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 99 of Plaintiff’s Complaint, and accordingly denies each 

and every allegation, contention, and/or suggestion contained in paragraph 99 of Plaintiff’s 

Complaint and demands strict proof thereof.

100. In response to paragraph 100 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 100 of Plaintiff’s Complaint, and accordingly denies 

each and every allegation, contention, and/or suggestion contained in paragraph 100 of Plaintiff’s 

Complaint and demands strict proof thereof.

101. In response to paragraph 101 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 101 of Plaintiff’s Complaint, and accordingly denies 

each and every allegation, contention, and/or suggestion contained in paragraph 101 of Plaintiff’s 

Complaint and demands strict proof thereof.

102. In response to paragraph 102 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 102 of Plaintiff’s Complaint 

and demands strict proof thereof.

103. In response to paragraph 103 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 103 of Plaintiff’s Complaint 

and demands strict proof thereof.

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104. In response to paragraph 104 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 104 of Plaintiff’s Complaint, and accordingly denies 

each and every allegation, contention, and/or suggestion contained in paragraph 104 of Plaintiff’s 

Complaint and demands strict proof thereof.

105. In response to paragraph 105 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 105 of Plaintiff’s Complaint 

and demands strict proof thereof.

106. In response to paragraph 106 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 106 of Plaintiff’s Complaint 

and demands strict proof thereof. Defendant further denies that Plaintiff is entitled to any of the 

relief, remedies, and/or damages sought in the ensuing WHEREFORE clause and demands strict 

proof thereof.

COUNT VI – ALLEGED RETALIATION UNDER FCRA

107. In response to paragraph 107 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

108. In response to paragraph 108 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

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109. In response to paragraph 109 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

110. In response to paragraph 110 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

111. In response to paragraph 111 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

112. In response to paragraph 112 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

113. In response to paragraph 113 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

114. In response to paragraph 114 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

115. In response to paragraph 115 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

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116. In response to paragraph 116 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

117. In response to paragraph 117 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

118. In response to paragraph 118 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

119. In response to paragraph 119 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

120. In response to paragraph 120 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

121. In response to paragraph 121 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

122. In response to paragraph 122 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

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123. In response to paragraph 123 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

124. In response to paragraph 124 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

125. In response to paragraph 125 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

126. In response to paragraph 126 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

COUNT VII – ALLEGED DISCRIMINATION

UNDER TITLE VII

127. In response to paragraph 127 of Plaintiff’s Complaint, Defendant realleges and 

incorporates its responses to paragraph 1-57 of Plaintiff’s Complaint as if fully set forth herein.

128. In response to paragraph 128 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 128 of Plaintiff’s Complaint, and accordingly denies 

each and every allegation, contention, and/or suggestion contained in paragraph 128 of Plaintiff’s 

Complaint and demands strict proof thereof.

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129. In response to paragraph 129 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 129 of Plaintiff’s Complaint 

and demands strict proof thereof.

130. In response to paragraph 130 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 130 of Plaintiff’s Complaint 

and demands strict proof thereof.

131. In response to paragraph 131 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 131 of Plaintiff’s Complaint 

and demands strict proof thereof.

132. In response to paragraph 132 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 132 of Plaintiff’s Complaint 

and demands strict proof thereof.

133. In response to paragraph 133 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 133 of Plaintiff’s Complaint 

and demands strict proof thereof.

134. In response to paragraph 134 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 134 of Plaintiff’s Complaint 

and demands strict proof thereof.

135. In response to paragraph 135 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 135 of Plaintiff’s Complaint 

and demands strict proof thereof.

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136. In response to paragraph 136 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 136 of Plaintiff’s Complaint 

and demands strict proof thereof.

137. In response to paragraph 137 of Plaintiff’s Complaint, Defendant is without 

sufficient information or knowledge to be able to admit to or deny the allegations, contentions, 

and/or suggestions contained in paragraph 137 of Plaintiff’s Complaint, and accordingly denies 

each and every allegation, contention, and/or suggestion contained in paragraph 137 of Plaintiff’s 

Complaint and demands strict proof thereof.

138. In response to paragraph 138 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 138 of Plaintiff’s Complaint 

and demands strict proof thereof.

139. In response to paragraph 139 of Plaintiff’s Complaint, Defendant denies each and 

every allegation, contention, and/or suggestion contained in paragraph 139 of Plaintiff’s Complaint 

and demands strict proof thereof. Defendant further denies that Plaintiff is entitled to any of the 

relief, remedies, and/or damages sought in the ensuing WHEREFORE clause and demands strict 

proof thereof.

COUNT VIII – ALLEGED RETALIATION UNDER TITLE VII

140. In response to paragraph 140 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

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141. In response to paragraph 141 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

142. In response to paragraph 142 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

143. In response to paragraph 143 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

144. In response to paragraph 144 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

145. In response to paragraph 145 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

146. In response to paragraph 146 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

147. In response to paragraph 147 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

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148. In response to paragraph 148 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

149. In response to paragraph 149 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

150. In response to paragraph 150 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

151. In response to paragraph 151 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

COUNT IX – FLORIDA

WHISTLEBLOWER ACT

152. In response to paragraph 152 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

153. In response to paragraph 153 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

154. In response to paragraph 154 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

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Demand for Jury Trial and Memorandum of Law in Support.

155. In response to paragraph 155 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

156. In response to paragraph 156 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

157. In response to paragraph 157 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

158. In response to paragraph 158 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

159. In response to paragraph 159 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

160. In response to paragraph 160 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

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161. In response to paragraph 161 of Plaintiff’s Complaint, please see Defendant’s 

Motion to Dismiss Counts II-III, VI, and VIII-IX of Plaintiff’s First Amended Complaint and 

Demand for Jury Trial and Memorandum of Law in Support.

PRAYER FOR RELIEF

In response to Plaintiff’s Prayer for Relief, Defendant denies that Plaintiff is entitled to any 

of the relief, remedies, and/or damages sought in her Prayer for Relief and demands strict proof 

thereof.

JURY DEMAND

In response to Plaintiff’s Jury Demand, Defendant admits that Plaintiff demands a trial by 

jury for the claims set forth in her Complaint. Defendant, however, denies any and all wrongdoing 

and/or liability, and further denies that Plaintiff is entitled to any relief, remedies, and/or damages, 

and demands strict proof thereof.

AFFIRMATIVE DEFENSES

1. Plaintiff has failed to state claims for which relief may be granted.

2. Plaintiff has failed to comply with the relevant statutes of limitations.

3. Plaintiff has failed to mitigate her damages as she has failed to adequately look 

for or secure alternative employment since being separated from employment with Defendant.

4. Any and all decisions made by Defendant concerning Plaintiff were made based 

on legitimate, non-discriminatory, non-retaliatory reasons.

5. Defendant has at all times acted in good faith towards Plaintiff and without intent 

to harm.

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6. Even if Plaintiff is capable of demonstrating that any actions taken with regard to 

Plaintiff were in part based upon her national origin, Defendant would have taken the same 

actions in any event for legitimate, non-discriminatory, non-retaliatory reasons unrelated to 

Plaintiff’s national origin.

7. Even if Plaintiff is capable of demonstrating that any actions taken with regard to 

Plaintiff were in part based upon her age, Defendant would have taken the same actions in any 

event for legitimate, non-discriminatory, non-retaliatory reasons unrelated to Plaintiff’s age.

8. Plaintiff is not entitled to punitive damages as Plaintiff has failed to allege facts 

sufficient to obtain an award of punitive damages, and such damages, moreover, are not 

available under the ADEA.

9. Plaintiff is not entitled to liquidated damages as Plaintiff has failed to allege facts 

sufficient to obtain an award of liquidated damages, and such damages, moreover, are not 

available under Title VII or FCRA.

10. Plaintiff failed to raise any issues of national origin discrimination during her 

employment with Defendant, failed to notify Defendant of such issues concerning her 

employment with Defendant, and failed to complain of such conduct to Defendant during her 

employment tenure with Defendant.

11. Plaintiff failed to raise any issues of age discrimination during her employment 

with Defendant, failed to notify Defendant of such issues concerning her employment with 

Defendant, and failed to complain of such conduct to Defendant during her employment tenure 

with Defendant.

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12. To the extent that Plaintiff raised any concerns about her work environment, 

Defendant took all reasonable and necessary steps to address such concerns. 

13. Plaintiff has failed to exhaust her administrative remedies prior to bringing the 

instant action.

14. Plaintiff’s Complaint improperly exceeds the scope of her Charge of 

Discrimination.

15. Plaintiff’s damages, if any, are barred or limited by the discovery of any conduct on 

the part of Plaintiff which would have resulted in her termination upon Defendant’s discovery of 

such conduct.

16. Plaintiff’s damages, if any, are barred by the doctrine of after acquired evidence, if 

any such evidence is discovered.

17. Plaintiff’s claims are barred by the doctrine of laches.

18. Plaintiff has failed to comply with all conditions precedent necessary to bringing 

this action.

19. Defendant has and had in place strong, officially-promulgated and user-friendly 

policies against discrimination and/or harassment to prevent and promptly correct any such 

unlawful conduct, and Plaintiff unreasonably failed to take advantage of such preventive or 

corrective opportunities or to avoid harm otherwise.

20. Any interim earnings or amounts Plaintiff earned or could have earned with 

reasonable diligence should reduce or offset any damages otherwise recoverable by Plaintiff. In 

addition, such interim earnings may also set-off and reduce other claims for damages alleged by 

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Plaintiff.

21. Plaintiff was an at-will employee who could be terminated at any time, with or 

without notice and with or without cause.

22. Plaintiff's claims under the Florida Civil Rights Act are barred to the extent 

Plaintiff bases these claims on alleged acts or omissions occurring more than one (1) year prior 

to Plaintiff’s filing of a charge of discrimination with the Florida Commission on Human 

Relations. Plaintiff’s claims are barred to the extent they involve transactions or events, or seek 

damages for periods, outside the applicable statutory limitations period.

23. Plaintiff’s claims under Title VII and the ADEA are barred to the extent Plaintiff 

bases these claims on alleged acts or omissions occurring more than three hundred (300) days 

prior to Plaintiff’s filing of a charge of discrimination with the Equal Employment Opportunity 

Commission. Plaintiff’s claims are barred to the extent they involve transactions or events, or 

seek damages for periods, outside the applicable statutory limitations period.

24. Plaintiff's alleged damages for lost earnings (including back pay, front pay and/or 

lost benefits), if any, should be reduced for any period of time during which Plaintiff was 

unavailable for work for any reason unrelated to the alleged acts or omissions of the Defendant 

alleged in the Complaint.

WHEREFORE, Defendant respectfully requests that this honorable Court enter judgment 

in its favor and award Defendant its attorney’s fees and costs.

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Respectfully submitted,

 

By: /s/Jeffrey M. Goodz

Jeffrey M. Goodz, Esquire

Florida Bar No: 953600

MCGUINNESS & CICERO

1000 Sawgrass Corporate Parkway, Suite 590

Sunrise, Florida 33323

Telephone: (954) 626-5034

Facsimile: (954) 838-8842

Primary E-mail: jeffrey.goodz@mc-atty.com

Secondary E-mail: eservice@dmc-atty.com 

 acali@mc-atty.com

Attorneys for Defendant

CERTIFICATE OF SERVICE

I hereby certify that on August 6, 2020, I electronically filed the foregoing through the 

CM/ECF system and also certify that the foregoing document is being served this day on all 

counsel of record or pro se parties identified on the attached Service List via transmission of 

Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those 

counsel or parties who are not authorized to receive electronic Notices of Electronic Filing.

By: /s/Jeffrey M. Goodz

Jeffrey M. Goodz, Esquire

Florida Bar No: 953600

MCGUINNESS & CICERO

1000 Sawgrass Corporate Parkway, Suite 590

Sunrise, Florida 33323

Telephone: (954) 626-5034

Facsimile: (954) 838-8842

Primary E-mail: jeffrey.goodz@mc-atty.com

Secondary E-mail: eservice@dmc-atty.com 

 acali@mc-atty.com

Attorneys for Defendant

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SERVICE LIST

CASE NO.: 0:20-cv-61323-MORENO-STRAUSS

Jeffrey M. Goodz, Esquire

MCGUINNESS & CICERO

1000 Sawgrass Corporate Parkway, Suite 590

Sunrise, FL 33323

Telephone: (954) 626-5034

Facsimile: (954) 838-8842

Primary E-mail: jeffrey.goodz@mc-atty.com

Attorneys for Defendant

Tiffani-Ruth Brooks, Esquire

DEREK SMITH LAW GROUP, PLLC

701 Brickell Avenue, Suite 1310

Miami, FL 33131

Telephone: (305) 946-1884

Facsimile: (305) 503-6741

Primary E-mail: tiffani@dereksmithlaw.com

Attorneys for Plaintiff

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