PLAINTIFF/COUNTER-DEFENDANT’S ORIGINAL ANSWER - Page 1 of 8

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FT. WORTH DIVISION

EUGENIO VARGAS

Plaintiff/Counter-Defendant,

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§ Case No. 4:22-CV00430

V.

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ASSOCIATION OF PROFESSIONAL 

FLIGHT ATTENDANTS, JULIE 

HEDRICK AND ERIK HARRIS

Defendants/Counter-Plaintiffs.

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COUNTER-DEFENDANT EUGENIO VARGAS’S ANSWER TO COUNTERPLAINTIFF’S COUNTER-COMPLAINT 

NOW COMES, Plaintiff/Counter-Defendant, Eugenio Vargas, (hereinafter 

“Plaintiff”)) in the above-entitled and numbered cause, hereby appears and files in 

this Original Answer, and shows the Court:

1. With regard to the allegations in Paragraph 1, Plaintiff admits that the 

jurisdiction is proper.

2. With regard to the allegations in Paragraph 2, Plaintiff Admits these 

allegations.

3. With regard to the allegations in Paragraph 3, Plaintiff Admit these 

allegations.

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4. With regard to the allegations in Paragraph 4, Plaintiff neither admits nor 

deny these allegations as they are not an allegation of fact or law.

5. With regard to the allegations in Paragraph 5, Plaintiff admits only that 

the APFA Constitution and APFA Policy Manual exist, Plaintiff 

specifically denies all statements of facts and presumptions of law 

contained herein.

6. With regard to the allegations in Paragraph 6, Plaintiff specifically denies 

these allegations as untrue and leaves Defendant to their proof.

7. With regard to the allegations in Paragraph 7, Plaintiff specifically denies

these allegations as untrue and leaves Defendant to their proof.

8. With regard to the allegations in Paragraph 8, Plaintiff specifically denies 

these allegations as untrue and leaves Defendant to their proof.

9. With regard to the allegations in Paragraph 9, Plaintiff specifically denies 

these allegations as untrue and leaves Defendant to their proof.

10.With regard to the allegations in Paragraph 10, Plaintiff specifically denies 

these allegations as untrue and leaves Defendant to their proof.

11.With regard to the allegations in Paragraph 11, Plaintiff specifically denies 

these allegations as untrue and leaves Defendant to their proof.

12.With regard to the allegations in Paragraph 12, Plaintiff specifically denies 

these allegations as untrue and leaves Defendant to their proof.

13.With regard to the allegations in Paragraph 13, Plaintiff specifically denies 

these allegations as untrue and leaves Defendant to their proof.

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14.With regard to the allegations in Paragraph 14, Plaintiff specifically denies 

these allegations as untrue and leaves Defendant to their proof.

15.With regard to the allegations in Paragrap15, Plaintiff specifically denies 

these allegations as untrue and leaves Defendant to their proof.

16.With regard to the allegations in Paragraph 16, Plaintiff specifically denies 

these allegations as untrue and leaves Defendant to their proof.

17.With regard to the allegations in Paragraph 17, Plaintiff specifically denies 

these allegations as untrue and leaves Defendant to their proof.

18.With regard to the allegations in Paragraph 18, Plaintiff specifically denies 

these allegations as untrue and leaves Defendant to their proof.

19.With regard to the allegations in Paragraph 19, Plaintiff specifically denies 

these allegations as untrue and leaves Defendant to their proof.

20.With regard to the allegations in Paragraph 20, Plaintiff specifically denies 

these allegations as untrue and leaves Defendant to their proof.

21.With regard to the allegations in Paragraph 21, Plaintiff specifically denies 

these allegations as untrue and leaves Defendant to their proof.

22.With regard to the allegations in Paragraph 22, Plaintiff specifically denies 

these allegations as untrue and leaves Defendant to their proof.

23.With regard to the allegations in Paragraph 23, Plaintiff specifically denies 

these allegations as untrue and leaves Defendant to their proof.

24.With regard to the allegations in Paragraph 24, Plaintiff specifically denies 

these allegations as untrue and leaves Defendant to their proof.

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25.With regard to the allegations in Paragraph 25, Plaintiff specifically denies 

these allegations as untrue and leaves Defendant to their proof.

26.With regard to the allegations in Paragraph 26, Plaintiff specifically denies 

these allegations as untrue and leaves Defendant to their proof.

27.With regard to the allegations in Paragraph 27, Plaintiff admits only that the 

arbitrator issued a decision on February 18, 2022. That decision speaks for 

itself as to the content and decisions contained therein.

28.With regard to the allegations in Paragraph 28, Plaintiff admits only that the 

arbitrator issued a supplemental decision, and leaves that document to speak 

for itself. 

29.With regard to the allegations in Paragraph 29, plaintiff admits only that the 

arbitrator issued a decision and will allow the decision to speak for itself 

rather than interpret or address the appropriateness of this decision at this 

time.

30.With regard to the allegations in Paragraph 30, plaintiff admits only that the 

arbitrator issued a decision and will allow the decision to speak for itself 

rather than interpret or address the appropriateness of this decision at this 

time.

31.With regard to the allegations in Paragraph 31, plaintiff admits only that the 

arbitrator issued a decision.

32.With regard to the allegations in Paragraph 32, plaintiff denies this 

allegation.

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33.With regard to the allegations in Paragraph 38, plaintiff denies this 

allegation and leaves the defendant to their proof. 

34.With regard to the allegations in Paragraph 34, plaintiff denies this 

allegation.

35.With regard to the allegations in Paragraph 38, plaintiff denies this 

allegation and leaves the defendant to their proof. 

36.With regard to the allegations in Paragraph 36, plaintiff denies this 

allegation and leaves the defendant to their proof. 

37.With regard to the allegations in Paragraph 38, plaintiff denies this 

allegation and leaves the defendant to their proof. 

38.With regard to the allegations in Paragraph 38, plaintiff denies this 

allegation and leaves the defendant to their proof. 

Wherefore, Plaintiff pray that this counterclaim be dismissed, and that this 

honorable court deny such relief that has been requested and enter an order of 

dismissal in favor of the Plaintiff. 

AFFIRMATIVE AND OTHER DEFENSES 

Plaintiff asserts the following affirmative defenses and other defenses which, 

separately or in combination, would bar Defendant’s right to recover, in whole or 

in part, the damages alleged in Defendant’s Counter-claims pursuant to Federal

Rule of Civil Procedure 8(c): 

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1. Defendant failed to state a claim against Plaintiff on which relief could be 

granted. 

2. Defendant’s claims are barred in whole or in part by payment, offset, and/or 

credit. 

3. Defendant’s claims are barred by the statute of limitations.

4. Additionally and/or in the alternative, and without waiving the foregoing 

and/or admitting any liability, Plaintiff asserts the affirmative defense of 

accord and satisfaction. 

5. Additionally and/or in the alternative, and without waiving the foregoing 

and/or admitting any liability, Defendants’ assert the affirmative defense of 

fraud. 

6. Additionally, and/or in the alternative, and without waiving the foregoing 

and/or admitting any liability, Defendant’s recovery should be denied 

because Defendant does not have standing to bring this action.

7. Additionally, and/or in the alternative, and without waiving the foregoing, 

if Defendant suffered damages, which Plaintiff denies, it has failed to 

mitigate said damages. 

8. Plaintiff asserts the affirmative defense of estoppel. 

9. Plaintiff asserts the affirmative defense of laches.

10. Additionally, and/or in the alternative, and without waiving the foregoing, 

Defendant’s claims are barred, in whole or in part by the doctrine of unclean 

hands. 

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11. Plaintiff hereby gives notice that Plaintiff intends to rely upon such other 

defenses, denials, or cross and/or counter actions as may become available 

or known through discovery, investigation or otherwise, and hereby reserves 

the right to amend Plaintiff Answer to assert such matters. 

CONCLUSION AND PRAYER 

WHEREFORE, PREMISES CONSIDERED, Plaintiff

hereby prays as follows: 

1. For judgment of the Court that Plaintiff take nothing by these

counter-claims, and that Plaintiff recover all costs of court;

2. That Plaintiff recover a judgment against Defendant, for court 

costs and all attorney’s fees incurred in this counter-claim, and 

reasonable attorney’s fees in the event of an appeal to the Texas 

Court of Appeals and reasonable attorney’s fees in the event of an 

Appeal to the Texas Supreme Court; and

3. Such other and further relief, at law or in equity, to which 

Plaintiff may be justly entitled to receive.

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Respectfully submitted,

K.D. PHILLIPS LAW FIRM, PLLC

By: /s/ Kerri Phillips 

Kerri Phillips

Texas Bar No. 24065906

Phone: (940) 757-0333

Email: kerri@kdphillipslaw.com

/s/ Heather Abreu 

Heather Abreu

Texas Bar No. 24122577

Phone: (940) 757-0333

Email: heather@kdphillipslaw.com

5700 Tennyson Parkway, Suite 300

Plano, Texas 75024

Fax: (940) 400-0089

For Service of Filings: 

notice@kdphillipslaw.com

ATTORNEYS FOR 

PLAINTIFF/COUNTER-DEFENDANT

 

 

 

 

 

CERTIFICATE OF SERVICE

I certify that on July 1, 2022, a true and correct copy of the foregoing 

instrument was served upon Counter Plaintiffs attorney via e-filing manager and via 

email to Bill Osborne, Sandford Dennison, and Margot Nikitas.

/S/ Kerri Phillips

Kerri Phillips

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