PLAINTIFF’S ANSWER TO DEFENDANTS’ 

COUNTERCLAIM - 1

NORTHWEST WORKERS’ JUSTICE PROJECT

812 SW Washington, Suite 1100

Portland, Oregon 97205

Telephone: (503) 525-8454

Facsimile: (503) 946-3029

Erin M. Pettigrew, OSB 125100

erin@nwjp.org

Northwest Workers’ Justice Project

812 SW Washington, Suite 1100

Portland, OR 97205

Telephone: (503) 525-8454

Facsimile: (503) 946-3029

Of Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

LARRY DEAN CROW,

 Plaintiff,

 v.

BROOKS MOTOR COMPANY, 

INC. an Oregon Corporation, and 

GARY BROOKS, individually, 

 

 Defendants.

 

 Civil No.: 3:13-cv-00757-ST

 

ANSWER TO DEFENDANTS’ 

COUNTERCLAIM

In answer to Defendants Brooks Motor Company and Gary Brooks’ (“Defendants”)

Counterclaims and Affirmative Defenses, Plaintiff Larry Dean Crow (“Plaintiff”) admits, denies 

and alleges as follows:

1. With respect to paragraph 1 of Defendants’ Answer, Plaintiff denies that he

worked for Defendants as an independent contractor. Plantiff re-alleges that he was an employee 

of Brooks Motor Company, Inc. and Gary Brooks, individually. 
PLAINTIFF’S ANSWER TO DEFENDANTS’ 

COUNTERCLAIM - 2

NORTHWEST WORKERS’ JUSTICE PROJECT

812 SW Washington, Suite 1100

Portland, Oregon 97205

Telephone: (503) 525-8454

Facsimile: (503) 946-3029

2. In response to paragraph 2 of Defendants’ Answer, Plaintiff denies Defendants’

allegation that the Court lacks original jurisdiction in this matter. 

3. With respect to paragraph 3 of Defendants’ Answer, Plaintiff denies Defendants’ 

allegation that the Court lacks supplemental jurisdiction over the claims arising under Oregon 

state law. 

4. In response to paragraph 38 of Defendants’ Answer under “FIRST 

AFFIRMATIVE DEFENSE,” Plaintiff denies Defendants’ assertion on that they were not 

Plaintiff’s employers. In response to the first sentence of paragraph 38, Defendants assert a legal 

conclusion to which no response is required. Plaintiff re-alleges that Defendant Gary Brooks is 

individually liable to Plaintiff as an employer under Federal and Oregon wage laws because he 

had the power to hire Plaintiff, exercised control over his pay and working hours, and supervised 

Plaintiff’s work. 

5. In response to paragraph 40 under “FIRST COUNTERCLAIM,” Plaintiff denies 

the allegation in its entirety. 

///

///

///

///

///

///

///
PLAINTIFF’S ANSWER TO DEFENDANTS’ 

COUNTERCLAIM - 3

NORTHWEST WORKERS’ JUSTICE PROJECT

812 SW Washington, Suite 1100

Portland, Oregon 97205

Telephone: (503) 525-8454

Facsimile: (503) 946-3029

6. Plaintiff re-alleges and incorporates by reference the allegations made in 

Plaintiff’s Complaint in paragraphs 4 -36. 

Respectfully submitted this 1

st day of August, 2013.

/s/ Erin M. Pettigrew 

Of Attorneys for Plaintiff

Erin M. Pettigrew, OSB 125100

erin@nwjp.org

Northwest Workers’ Justice Project

812 SW Washington, Suite 1100

Portland, OR 97205

Telephone: (503) 525-8454

Facsimile: (503) 946-3029

D. Michael Dale, OSB 771507

michaeldale@dmichaeldale.net

Law Office of D. Michael Dale

P.O. Box 1032

Cornelius, OR 97113

Telephone: (503) 357-8290

Facsimile: (503) 946-3089

Banafsheh Violet Nazari, OSB 091381

violet@nazarilaw.com

Nazari Law

1526 NE Alberta St. #310

Portland, OR 97211

Telephone: (503) 427-8427
CERTIFICATE OF SERVICE

I, Erin M. Pettigrew, hereby certify that I served the foregoing document on Defendants 

Brooks Motor Company and Gary Brooks by serving said document by electronic means through 

the Court’s EM/ECF System on August 1, 2013 to William Brandt,

Bill@BrandtLawOffices.com, 880 Liberty St. NE, Suite 500, Salem, Oregon 97301. 

/s/ Erin M. Pettigrew

_________________________________

Erin M. Pettigrew, OSB 125100

Of Attorneys for Plaintiffs

erin@nwjp.org

Northwest Workers’ Justice Project

812 SW Washington, Suite 1100

Portland, OR 97205

Telephone: (503) 525-8454

Facsimile: (503) 946-3029