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DEFENDANT'S ANSWER TO THE EEOC'S 

FIRST AMENDED COMPLAINT (NO. C06-0045 

RSM) – 1 

41826-6002/LEGAL13069759.1 

Perkins Coie LLP

1201 Third Avenue, Suite 4800 

Seattle, WA 98101-3099 

Phone: 206.359.8000 

Fax: 206.359.9000 

THE HONORABLE RICARDO S. MARTINEZ 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT SEATTLE 

JENNIFER STRANGE, MAGEN 

MORRIS, on behalf of themselves and all 

other similarly situated, 

Plaintiff, 

v. 

LES SCHWAB TIRE CENTERS OF 

OREGON, INC., et al. 

Defendants. 

EQUAL EMPLOYMENT 

OPPORTUNITY COMMISSION, 

Plaintiff, 

v. 

LES SCHWAB TIRE CENTERS OF 

WASHINGTON, INC., LES SCHWAB 

WAREHOUSE CENTER, INC., LES 

SCHWAB TIRE CENTERS OF BOISE, 

INC., LES SCHWAB TIRE CENTERS OF 

CALIFORNIA, INC., LES SCHWAB 

TIRE CENTERS OF IDAHO, INC., LES 

SCHWAB TIRE CENTERS OF 

MONTANA, INC., LES SCHWAB TIRE 

CENTERS OF NEVADA, INC., LES 

SCHWAB TIRE CENTERS OF UTAH, 

INC., 

Defendants. 

No. C06-0045 RSM 

DEFENDANT'S ANSWER TO THE 

EEOC'S FIRST AMENDED COMPLAINT 

Case 2:06-cv-00045-RSM Document 37 Filed 03/02/07 Page 1 of 6
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DEFENDANT'S ANSWER TO THE EEOC'S 

FIRST AMENDED COMPLAINT (NO. C06-0045 

RSM) – 2 

41826-6002/LEGAL13069759.1 

Perkins Coie LLP

1201 Third Avenue, Suite 4800 

Seattle, WA 98101-3099 

Phone: 206.359.8000 

Fax: 206.359.9000 

I. ANSWER 

Defendants, Les Schwab Tire Centers of Washington, Inc., Les Schwab Warehouse 

Center, Inc., Les Schwab Tire Centers of Boise, Inc., Les Schwab Tire Centers of California, 

Inc., Les Schwab Tire Centers of Idaho, Inc., Les Schwab Tire Centers of Montana, Inc., Les 

Schwab Tire Centers of Nevada, Inc., and Les Schwab Tire Centers of Utah, Inc. (“Defendants”) 

answer the Plaintiff Equal Employment Opportunity Commission’s (“EEOC”) First Amended 

Complaint (the “Amended Complaint”) as follows: 

The unnumbered preamble to the Amended Complaint does not state specific facts or 

allegations to which an answer is required. To the extent an answer is required, Defendants 

admit that this purports to be an action under Title VII of the Civil Rights Act of 1964 (“Title 

VII”) and Title I of the Civil Rights Act of 1991, and that the EEOC makes various allegations in 

the Amended Complaint. Except as expressly admitted, Defendants deny the allegations in the 

preamble, and they specifically deny that they engaged in unlawful employment practices or 

discrimination on the basis of sex and that Magen Morris, Jennifer Strange or any other 

individuals are entitled to any relief. 

1. Defendants admit that the EEOC has invoked the jurisdiction of this Court 

pursuant to 28 U.S.C. §§ 451,1331,1337,1343, and 1345. Except as expressly admitted, the 

allegations of this paragraph are denied. 

2. Defendants admit that the alleged practices are alleged to have occurred within 

the jurisdiction of the United States District Court for the Western District of Washington, but 

deny that any unlawful employment practices occurred. 

3. Defendants admit that EEOC is an agency of the United States charged with 

administration, interpretation and enforcement of Title VII. Except as expressly admitted, the 

allegations of this paragraph are denied. 

4. This paragraph states a legal conclusion and is therefore denied. 

Case 2:06-cv-00045-RSM Document 37 Filed 03/02/07 Page 2 of 6
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DEFENDANT'S ANSWER TO THE EEOC'S 

FIRST AMENDED COMPLAINT (NO. C06-0045 

RSM) – 3 

41826-6002/LEGAL13069759.1 

Perkins Coie LLP

1201 Third Avenue, Suite 4800 

Seattle, WA 98101-3099 

Phone: 206.359.8000 

Fax: 206.359.9000 

5. Defendants admit that, at all relevant times, they have been corporations with at 

least 15 employees and that each of them has done business in a state listed in this paragraph.. 

Except as expressly admitted, defendants deny the allegations of the paragraph. 

6. Defendants admit that, more than 30 days prior to the commencement of this 

lawsuit, Ms. Morris and Ms. Strange filed charges of discrimination with the EEOC alleging 

violations of Title VII by "Les Schwab Tire Centers." Except as expressly admitted, the 

allegations of the paragraph are denied. 

7. The allegations in this paragraph are denied. 

8. The allegations in this paragraph are denied. 

9. The allegations in this paragraph are denied. 

10. The allegations in this paragraph are denied. 

11. Defendants deny that EEOC, Morris, Strange, or any other individuals are entitled 

to the relief requested in the unnumbered Prayer for Relief or to any other relief and deny any 

remaining allegations in the Prayer for Relief. 

12. Any allegations not expressly admitted herein are denied. 

II. DEFENSES AND AFFIRMATIVE DEFENSES 

By way of further response, Defendants state the following defenses and affirmative 

defenses: 

1. EEOC has failed to state a claim upon which relief can be granted. 

2. EEOC has failed to identify a pattern or practice of unlawful discrimination 

against any individuals. 

3. Any employment practices at issue in the Amended Complaint were based upon 

legitimate, non-discriminatory factors other than gender. 

Case 2:06-cv-00045-RSM Document 37 Filed 03/02/07 Page 3 of 6
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DEFENDANT'S ANSWER TO THE EEOC'S 

FIRST AMENDED COMPLAINT (NO. C06-0045 

RSM) – 4 

41826-6002/LEGAL13069759.1 

Perkins Coie LLP

1201 Third Avenue, Suite 4800 

Seattle, WA 98101-3099 

Phone: 206.359.8000 

Fax: 206.359.9000 

4. Defendants deny that gender or any other impermissible factor played any role in 

any employment decision made pursuant to any policy or procedure EEOC is or may be 

challenging. 

5. EEOC’s claims are barred to the extent that the alleged unlawful actions of 

Defendants’ agents, employees, and representatives, if they occurred, were not actions taken 

within the course and scope of their employment. 

6. Morris, Strange and any other individual EEOC alleges was treated unlawfully by 

Defendants have failed to comply with their duty to mitigate alleged losses, their entitlement to 

recovery for which is expressly denied; alternatively, any claim for relief must be set off and/or 

reduced by wages, compensation, pay, and benefits, or other earnings or remunerations, profits, 

and benefits received by plaintiffs. 

7. In the event that the Court or a jury should ever conclude that gender was a 

motivating factor in any of the employment decisions challenged by EEOC, which Defendants 

expressly deny, Defendants affirmatively aver that the same decision(s) would have been made 

absent consideration of any impermissible factor(s). 

8. EEOC’s claims or some of them are barred by applicable statutes of limitation 

and time requirements set forth in Title VII, by the doctrine of laches, and/or because they were 

not included in the charges of discrimination. 

9. EEOC’s claims are barred by the doctrine of estoppel and waiver. 

10. EEOC’s claims are barred by its failure to fully and fairly investigate the 

underlying charges of discrimination and its failure to attempt to conciliate in good faith, 

including, without limitation, by its refusal to engage in negotiation, via mediation or otherwise, 

during the conciliation process. Said failures also deprive the Court of subject matter 

jurisdiction. 

WHEREFORE, having fully answered the Amended Complaint, Defendants respectfully 

request that: 

Case 2:06-cv-00045-RSM Document 37 Filed 03/02/07 Page 4 of 6
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DEFENDANT'S ANSWER TO THE EEOC'S 

FIRST AMENDED COMPLAINT (NO. C06-0045 

RSM) – 5 

41826-6002/LEGAL13069759.1 

Perkins Coie LLP

1201 Third Avenue, Suite 4800 

Seattle, WA 98101-3099 

Phone: 206.359.8000 

Fax: 206.359.9000 

1. The Amended Complaint be dismissed with prejudice; 

2. Defendants be awarded the costs, disbursements and attorneys’ fees they incur 

herein; 

3. Defendants be granted permission to amend the Answer to conform with the 

proof; and 

4. Defendants be granted such other relief as this Court deems just and equitable. 

DATED: March 2, 2007 s/ Jeffrey A. Hollingsworth, WSBA No. 11853 

JHollingsworth@perkinscoie.com 

Charles N. Eberhardt, WSBA No. 18019 

CEberhardt@perkinscoie.com 

Perkins Coie LLP

1201 Third Avenue, Suite 4800 

Seattle, WA 98101-3099 

Telephone: 206.359.8000 

Facsimile: 206.359.9000 

Attorneys for Defendants 

DATED: March 2, 2007 s/ Kenneth J. Diamond, WSBA No. 27009 

Ken@winterbauer.com 

Winterbauer & Diamond, PLLC

1200 5th Avenue, Suite 1910 

Seattle, WA 98101 

Telephone: 206.676.8440 

Facsimile: 206.676.8441 

Attorneys for Defendants 

Case 2:06-cv-00045-RSM Document 37 Filed 03/02/07 Page 5 of 6
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41826-6002/LEGAL13069759.1 Perkins Coie LLP

1201 Third Avenue, Suite 4800 

Seattle, WA 98101-3099 

Phone: 206.359.8000 

Fax: 206.359.9000 

CERTIFICATE OF SERVICE

The undersigned hereby certifies under penalty of perjury under the laws of the State of 

Washington that, on March 2, 2007, he caused to be served on the person(s) listed below in the 

manner shown: 

DEFENDANT'S ANSWER TO THE EEOC'S FIRST AMENDED 

COMPLAINT 

 United States Mail, First Class 

 By Messenger 

 By Facsimile 

By eFiling 

Mr. Lewis L. Ellsworth 

Gordon, Thomas, Honeywell, 

Malanca, Peterson & Daheim LLP 

P. O. Box 1157 

Tacoma, WA 98401-1157 

Email: lellsworth@gth-law.com 

Attorney for Plaintiffs Strange & 

Morris 

Mr. Warren E. Martin 

Gordon, Thomas, Honeywell 

P.O. Box 1157 

Tacoma, WA 98401-1157 

Email: wmartin@gth-law.com 

Attorney for Plaintiffs Strange & 

Morris 

Mr. John F. Stanley 

Lisa A. Cox 

U.S. Equal Employment Opportunity 

Commission 

Seattle District Office 

Federal Office Building, Suite 400 

909 First Avenue 

Seattle, WA 98104-1061 

Email: john.stanley@eeoc.gov 

Attorneys for Plaintiff EEOC

Dated at Seattle, Washington, this 2nd day of March, 2007. 

Steven Herchelrode 

Legal Secretary 

Case 2:06-cv-00045-RSM Document 37 Filed 03/02/07 Page 6 of 6