1 William D. Brandt, OSB #720366

2 William D. Brandt, P.C.

3 880 Liberty Street NE, Suite 500

4 Salem, OR 97301

5 Tel: 503-485-4168

6 Fax: 503-364-6735

7 Email: Bill@BrandtLawOffices.com

8

9 Attorney for Defendants

10

11

12

13

14

15

16 UNITED STATES DISTRICT COURT

17

18 DISTRICT OF OREGON

19

20 PORTLAND DIVISION

21

22 LARRY DEAN CROW,

23

24 Plaintiff,

25

26 vs.

27

28 BROOKS MOTOR COMPANY, INC. an

29 Oregon Corporation, and GARY BROOKS,

30 individually,

31

32 Defendants.

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

ANSWER

(JURY TRIAL DEMANDED)

33

34 Defendants request a jury trial in this matter.

35 Defendants answer plaintiff’s Complaint as follows:

36 1.

37 Deny that plaintiff worked for Brooks Motor Company, Inc. As an employee and deny that

38 plaintiff ever worked for Gary Brooks individually, and affirmatively allege that plaintiff was an

39 independent contractor and not an employee.

40 ////

Page 1 - ANSWER

Case 3:13-cv-00757-BR Document 12 Filed 07/11/13 Page 1 of 7
1 2.

2 Deny paragraph 2 for the reason that plaintiff was not an employee of defendant Brooks

3 Motor Company, Inc. and was never employed by defendant Gary Brooks.

4 3.

5 Deny paragraph 3 for the reason that plaintiff was not an employee of defendant Brooks

6 Motor Company, Inc. and was never employed by defendant Gary Brooks.

7 4.

8 Admit paragraph 4.

9 5.

10 Admit paragraph 5.

11 6.

12 Admit paragraph 6.

13 7.

14 Admit paragraph 7.

15 8.

16 Deny paragraph 8.

17 9.

18 Deny paragraph 9.

19 10.

20 Deny paragraph 10.

21 11.

22 Deny paragraph 11.

23 12.

24 Deny paragraph 12.

Page 2 - ANSWER

Case 3:13-cv-00757-BR Document 12 Filed 07/11/13 Page 2 of 7
1 13.

2 Deny paragraph 13.

3 14.

4 Deny paragraph 14.

5 15.

6 Deny paragraph 15.

7 16.

8 Deny paragraph 16.

9 17.

10 Deny paragraph 17.

11 18.

12 Deny paragraph 18.

13 19.

14 Deny paragraph 19.

15 20.

16 Deny paragraph 20.

17 21.

18 Deny paragraph 21.

19 22.

20 Deny paragraph 22.

21 23.

22 Admit that much of paragraph 23 which alleges that plaintiff’s counsel sent a written

23 demand for payment of wages, but deny that there are any wages due plaintiff.

24 ////

Page 3 - ANSWER

Case 3:13-cv-00757-BR Document 12 Filed 07/11/13 Page 3 of 7
1 24.

2 Deny paragraph 24.

3 25.

4 Deny paragraph 25.

5 26.

6 Deny paragraph 26.

7 27.

8 Deny paragraph 27.

9 28.

10 Deny paragraph 28.

11 29.

12 Deny paragraph 29.

13 30.

14 Deny paragraph 30.

15 31.

16 Deny paragraph 31.

17 32.

18 Deny paragraph 32.

19 33.

20 Deny paragraph 33.

21 34.

22 Deny paragraph 34.

23 35.

24 Deny paragraph 35.

Page 4 - ANSWER

Case 3:13-cv-00757-BR Document 12 Filed 07/11/13 Page 4 of 7
1 36.

2 Deny paragraph 36.

3 FOR A FIRST AFFIRMATIVE DEFENSE on behalf of defendant Gary Brooks, defendant

4 Gary Brooks alleges:

5 37.

6 Admits and denies those matters admitted and denied above and realleges any matters

7 affirmatively alleged above.

8 38.

9 Plaintiff’s complaint fails to allege ultimate facts sufficient to state a claim for relief against

10 defendant Gary Brooks individually. Defendant Gary Brooks at all times acted in his capacity as

11 an officer of Brooks Motor Company, Inc. and never acted in any individual capacity.

12 FOR A FIRST COUNTERCLAIM on behalf of defendants for attorney fees against plaintiff,

13 defendants allege:

14 39.

15 Admit and deny those matters admitted and denied above and reallege any matters

16 affirmatively alleged above.

17 40.

18 Both defendants are entitled to recover their reasonable attorney fees incurred in defending

19 this matter because this matter has been brought in bad faith and without any factual or legal basis.

20 WHEREFORE, defendants pray for the following relief:

21 1. That plaintiff’s complaint be dismissed in its entirety and that he take nothing

22 thereby.

23 2. For defendants’ reasonable attorney fees incurred herein.

24 3. For defendants’ costs and disbursements incurred herein.

Page 5 - ANSWER

Case 3:13-cv-00757-BR Document 12 Filed 07/11/13 Page 5 of 7
1 4. For such other and further relief as this court deems just and equitable.

DATED this 11th2 day of July, 2013.

3

4

5 /s/ William D. Brandt 

6 William D. Brandt, OSB #72036

7 Attorney for Defendants

8

Page 6 - ANSWER

Case 3:13-cv-00757-BR Document 12 Filed 07/11/13 Page 6 of 7
1 CERTIFICATE OF SERVICE

2

3 I hereby certify that I served the foregoing document on:

4

5 D. Michael Dale

6 Attorney at Law

7 PO Box 1032

8 Cornelius, OR 97113

9 Fax: 503-357-8290

10 Email: michaeldale@dmichaeldale.net

Attorney for Plaintiff

11 Erin Pettigrew

12 Northwest Workers’ Justice Project

13 812 SW Washington, Suite 1100

14 Portland, OR 97205

15 Fax: 503-946-3029

16 E-mail: erin@nwjp.org

Attorney for Plaintiff

17 Banafsheh Violet Nazari

18 Attorney at Law

19 1526 NE Alberta Street, Suite 310

20 Portland, OR 972011

21 Email: violet@nazarilaw.com

Attorney for Plaintiff

22

23 by the following indicated method or methods:

24

25 □ by mailing a full, true, and correct copy thereof in a sealed, first-class postage-prepaid

26 envelope, addressed to the attorney(s) and/or parties as shown above, the last-known

27 office address of the attorney, and deposited with the United States Postal Service at

28 Salem, Oregon, on the date set forth below.

29

30 □ by e-mailing a full, true, and correct copy thereof to the attorney(s) and/or parties as shown

31 above, at the last known e-mail address of the person.

32

33 □ by faxing a full, true, and correct copy thereof to the attorney(s) and/or parties as shown

34 above, at the fax number(s) shown above, which is the last known fax number for the

35 attorneys' office, on the date set forth below. The receiving fax machine was operating at

36 the time of service and the transmission was properly completed. The confirmation report

37 is available for inspection upon request.

38

39 X by serving by electronic means through the court’s CM/EFC system.

40

DATED this 11

th

41 of July, 2013.

42 /s/ William D. Brandt 

43 William D. Brandt, OSB #72036

44 Attorney for Defendants 

Page 7 - ANSWER

Case 3:13-cv-00757-BR Document 12 Filed 07/11/13 Page 7 of 7