IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

AUSTIN DIVISION 

SHAWN RAMSEY, 

Plaintiff,

v. 

NORTHGATEARINSO, INC. D/B/A/ 

NGA HUMAN RESOURCES, INC. and 

NGA HUMAN RESOURCES, USA 

 Defendant.

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CASE NO. 1:20-cv-00494-RP 

DEFENDANT’S ORIGINAL ANSWER 

Defendant NorthgateArinso, Inc. d/b/a NGA Human Resources, Inc. and NGA Human 

Resources USA (“Defendant”) files its Original Answer to Plaintiff Shawn Ramsey (“Plaintiff) 

Original Amended Petition (“Petition”), respectfully stating: 

DISCOVERY LEVEL 

1. Defendant admits that discovery will be conducted pursuant to the federal rules of civil 

procedure. 

JURISDICTION AND VENUE 

2. Defendant admits that this court has subject matter jurisdiction. 

3. Defendant admits that venue is proper in this District and Division. 

JURY DEMAND 

4. Defendant admits that Plaintiff has requested a trial by jury. 

PARTIES 

5. Defendant admits that Plaintiff is a former employee, but lacks knowledge of his current 

residence. 

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6. Defendant admits it maintains an office in Texas at 810 Hesters Crossing, Suite 250 Round 

Rock, Texas 7881 and that through its counsel has agreed to accept service. 

ADMINISTRATIVE REMEDIES 

7. Defendant admits Plaintiff filed a Charge of Discrimination with the Texas Workforce 

Commission and filed this action within two years from the date of filing. Defendant denies 

any remaining factual allegations in paragraph 7 of the Petition. 

FACTS 

8. Defendant admits Plaintiff was hired by Defendant in June 2017 as a Global Enterprise 

Sales Executive. Defendant lacks knowledge or information sufficient to form a belief 

about the truth of the remainder of the allegations in Paragraph 8 of the Petition. 

9. Defendant lacks knowledge or information sufficient to form a belief about the truth of the 

allegations in Paragraph 9 of the Petition. 

10. Defendant admits that Plaintiff was notified of his termination on January 4, 2018. 

Defendant denies the remaining allegations in Paragraph 10 of the Petition. 

CAUSES OF ACTION – Chapter 21, Texas Labor Code 

11. Defendant adopts and incorporates by reference its responses to the allegations in the 

preceding paragraphs of the Petition. 

12. Defendant admits that it is an employer within the meaning of the Texas Labor Code. 

13. Paragraph 13 is a legal statement to which no response is required. To the extent Paragraph 

13 makes factual allegations that Defendant discriminated against Plaintiff, those factual 

allegation are denied. 

14. Defendant denies the allegations in Paragraph 14 of the Petition. 

15. Defendant denies the allegations in Paragraph 15 of the Petition. 

Case 1:20-cv-00494-RP Document 6 Filed 05/18/20 Page 2 of 5
NO FEDERAL CLAIMS 

16. Defendant adopts and incorporates by reference its responses to the allegations in the 

preceding paragraphs of the Petition. 

17. No response required. 

 DAMAGES 

18. Defendant denies any factual allegations in Paragraph 18 of the Petition, and denies that 

Plaintiff is entitled to any of the relief he seeks. 

19. Defendant denies any factual allegations in Paragraph 19 of the Petition, and denies that 

Plaintiff is entitled to any of the relief he seeks. 

20. Defendant denies any factual allegations in Paragraph 20 of the Petition, and denies that 

Plaintiff is entitled to any of the relief he seeks. 

PRAYER FOR RELIEF

21. Defendant denies that Plaintiff is entitled to any of the relief sought in the Prayer for Relief. 

AFFIRMATIVE DEFENSES 

22. Defendant affirmatively asserts that any recovery by Plaintiff must be reduced, in whole or 

in part, because he failed or refused to take reasonable efforts to mitigate his damages, or 

to the extent that he has mitigated such damages, Defendant is entitled to an appropriate 

off-set. 

23. Defendant acted in good faith, and there is no factual or legal basis for an award of punitive 

damages. 

24. Plaintiff’s claims are barred because all actions were taken for legitimate, 

nondiscriminatory reasons unrelated to Plaintiff’s alleged disability. 

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25. To the extent Plaintiff is able to prove any improper motive was a factor in employment 

decisions, Defendant would have made the same employment decisions regarding Plaintiff 

regardless of any alleged improper motive. 

26. Dependently affirmatively pleads all limitations or statutory caps on damages set forth in 

the Texas Labor Code. 

27. Defendant affirmatively pleads that Plaintiff’s claims are barred by his failure to exhaust 

administrative remedies. 

WHEREFORE, Defendant NorthgateArinso, Inc., respectfully requests this Court dismiss 

Plaintiff’s Petition with prejudice, award Defendant its costs and reasonable attorneys’ fees, and 

award any such other relief as this Court deems just and proper. 

Respectfully submitted, this 18th day of May, 2020. 

 /s/ Bruce A. Griggs 

 Bruce A. Griggs 

 Texas Bar No. 08487700 

 bruce.griggs@ogletree.com 

Beth D. Adamek 

Texas Bar No. 24097569 

Beth.adamek@ogletree.com 

 OGLETREE DEAKINS NASH SMOAK 

 & STEWART, P.C. 

 301 Congress Ave., Ste. 1150 

 Austin, Texas 78701 

 512.344.4700 

 512.344.4701 Fax 

 ATTORNEYS FOR DEFENDANT 

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CERTIFICATE OF SERVICE 

 This is to certify that I have this day sent via email a true and correct copy of the foregoing 

to the following: 

Kell A. Simon 

501 North IH-35, Suite 111 

Austin, Texas 78702 

kell@kellsimonlaw.com 

ATTORNEY FOR PLAINTIFF 

 SO CERTIFIED, this 18th day of May, 2020. 

 /s/ Bruce A. Griggs 

 Bruce A. Griggs 

42881889.1 

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