PLAINTIFF/COUNTER-DEFENDANT’S ORIGINAL ANSWER - Page 1 of 6

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FT. WORTH DIVISION

ROBERT (BOB) ROSS 

Plaintiff,

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§ Case No. 4:22-CV-00343

V.

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ASSOCIATION OF PROFESSIONAL 

FLIGHT ATTENDANTS, 

MCGAUGHEY, REBER AND 

ASSOCIATES, INC., JULIE 

HEDRICK, ERIK HARRIS

Plaintiff/Counter-Defendants.

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COUNTER-DEFENDANT ROBERT ROSS’S ANSWER TO PLAINTIFF’S 

COUNTER COMPLAINT 

NOW COMES, Plaintiff/Counter-Defendant, Robert (Bob) Ross, (hereinafter 

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

this Original Answer, and shows the Court:

GENERAL DENIAL

Plaintiff exercises his rights under Fed. R. Civ. Proc. 8(b)(3) of the law to file 

a general denial and require Defendant/Counter-Plaintiff, APFA (hereinafter 

Defendant) to prove its causes of action by clear and convincing evidence. Plaintiff

therefore generally denies each and every, all and singular, the allegations 

contained in Defendant’s Counter-Claims and all subsequent counter-claims and 

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amendments thereto, and requires Defendant to prove its cause of action before 

the Court, if Defendant can do so. 

 SPECIFIC DENIAL 

Pursuant to Fed. R. Civ. P. 8(b)(4), Plaintiff/Counter-Defendant denies all 

conditions precedent to the maintenance of Plaintiff’s causes of action have 

occurred or been performed. 

As to Paragraph 22, Plaintiff specifically denies all statements of facts and 

presumptions of law contained herein.

As to Paragraph 23, Plaintiff specifically denies all statements of facts and 

presumptions of law contained herein.

As to Paragraph 24, Plaintiff specifically denies all statements of facts and 

presumptions of law contained herein.

As to Paragraph 25, Plaintiff specifically denies all statements of facts and 

presumptions of law contained herein.

As to Paragraph 26, Plaintiff specifically denies all statements of facts and 

presumptions of law contained herein.

As to Paragraph 27, Plaintiff specifically denies all statements of facts and 

presumptions of law contained herein.

As to Paragraph 28, Plaintiff specifically denies all statements of facts and 

presumptions of law contained herein.

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As to Paragraph 29, Plaintiff specifically denies all statements of facts and 

presumptions of law contained herein.

As to Paragraph 30, Plaintiff specifically denies all statements of facts and 

presumptions of law contained herein.

As to Paragraph 31, Plaintiff specifically denies all statements of facts and 

presumptions of law contained herein.

As to Paragraph 32, Plaintiff specifically denies all statements of facts and 

presumptions of law contained herein.

As to Paragraph 33, Plaintiff specifically denies all statements of facts and 

presumptions of law contained herein.

As to Paragraph 34, Plaintiff specifically denies all statements of facts and 

presumptions of law contained herein.

As to Paragraph 35, Plaintiff specifically denies all statements of facts and 

presumptions of law contained herein.

As to Paragraph 36, Plaintiff specifically denies all statements of facts and 

presumptions of law contained herein.

As to Paragraph 37, Plaintiff specifically denies all statements of facts and 

presumptions of law contained herein.

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 

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

Rule of Civil Procedure 8(c): 

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, Defendant asserts 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 has 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, 

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

hands. 

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 Abeu

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

ATTORNEY FOR 

PLAINTIFF/COUNTER-DEFENDANT

 

 

 

 

 

CERTIFICATE OF SERVICE

I certify that on June 6, 2022 a true and correct copy of the foregoing 

instrument was served upon Plaintiff’s attorney via e-filing manager and via email 

to .

/S/ Kerri Phillips

Kerri Phillips

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