PLAINTIFF/COUNTER-DEFENDANT’S ORIGINAL ANSWER - Page 1 of 7 

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-CV-00430

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 

COUNTER-PLAINTIFFS’ 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 Answer to CounterPlaintiffs’ Counter-Complaint to Plaintiff’s Amended Complaint. The Union’s Counter-Complaint 

was filed on March 8, 2023 (Doc. No. 76), 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 

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subsequent counter-claims and 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. 

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.

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.

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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.

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 

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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.

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 

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issued a decision.

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

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. 

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): 

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. 

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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. 

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 counterclaims, 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

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

justly entitled to receive. 

 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

6010 W. Spring Creek Parkway

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 March 28, 2023, 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, and

Sandford Denison. 

/S/ Kerri Phillips

Kerri Phillips

 

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