IN THE UNITED STATES DISTRICT COURT FOR THE 

NORTHERN DISTRICT OF FLORIDA 

GAINESVILLE DIVISION 

CLAUDE SEJOUR, et al., 

 Plaintiffs, 

 Case No. 1:10-cv-00096-SPM-GRJ 

v. 

STEVEN DAVIS FARMS, LLC and 

STEVEN DAVIS, 

 Defendants. 

___________________________________/ 

DEFENDANTS’ ANSWER TO 

PLAINTIFF’S SECOND AMENDED COMPLAINT 

AND AFFIRMATIVE DEFENSES 

COME NOW, Defendants, STEVEN DAVIS FARMS, LLC and STEVEN DAVIS, by 

and through the undersigned Counsel, and hereby files their Answer to Plaintiffs’ Second 

Amended Complaint filed in this action [Doc. 35], and states as follows: 

PRELIMINARY STATEMENT 

1. Denied. Defendants charged no recruitment fees. 

2. Denied. 

3. Denied that Plaintiffs are entitled to relief. 

4. Denied that Plaintiffs are entitled to relief. 

5. Without knowledge and therefore denied. 

JURISDICTION AND VENUE

6. Admitted for jurisdictional purposes only. 

PARTIES 

7. Denied that Plaintiffs were employed by Steven Davis Farms or Steven Davis. 

Case 1:10-cv-00096-MW-GRJ Document 40 Filed 02/24/11 Page 1 of 7
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8. Admitted. 

9. Denied. 

10. Admitted. 

11. Denied. 

JURY DEMAND FOR JURY TRIAL 

12. Defendants neither admit nor deny. 

STATUTORY AND ERGULATORY STRUCTURE 

13. Without knowledge and therefore denied. 

14. Without knowledge and therefore denied. 

15. (a-j) Without knowledge and therefore denied. 

16. Without knowledge and therefore denied. 

17. Without knowledge and therefore denied. 

FACTUAL ALLEGATIONS 

18. Denied. 

19. Denied. 

20. Admitted. 

21. Without knowledge and therefore denied. 

22. Without knowledge and therefore denied. 

23. Without knowledge and therefore denied. 

24. Defendants neither admit nor deny. 

25. Defendants neither admit nor deny. 

26. Without knowledge and therefore denied. 

27. Denied. 

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28. Denied. 

29. Denied. 

30. Defendants neither admit nor deny. 

31. Denied. 

32. Denied. 

33. Denied. 

34. Denied. 

35. Denied. 

36. Denied. 

37. Denied. 

38. Denied. 

39. Denied. 

40. Denied. 

41. Denied. 

42. Denied. 

43. Denied. 

44. Without knowledge and therefore denied. 

45. Denied. 

46. Denied. 

47. Denied. 

48. Denied. 

49. Without knowledge and therefore denied. 

50. Denied. 

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51. Denied. 

52. Denied. 

53. Denied. 

54. Denied. 

55. Denied. 

56. Denied. 

57. Denied. 

58. Denied. 

59. Denied. 

60. Denied. 

61. Admitted. 

62. Denied. 

63. Denied. 

64. Denied. 

65. Denied. 

66. Denied. 

67. Denied. 

68. Denied. 

69. Denied. 

70. Denied. 

71. Denied. 

72. Denied. 

73. Denied. 

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74. Denied. 

75. Denied. 

76. Admitted. 

77. Admitted. 

78. Denied. 

79. Admitted. 

80. (a-h) Denied. 

COUNT I: THE FAIR LABOR STANDARDS ACT 

81. Defendants incorporate all responses to paragraphs 1 through 80. 

82. Defendants neither admit nor deny. 

83. Denied. 

84. Denied that any FLSA violations occurred. 

85. Denied. 

86. Denied. 

87. Denied. 

88. Denied. 

COUNT II: FLORIDA MINIMUM WAGE AND THE FLORIDA CONSTITUTION 

89. Defendants incorporate all responses to paragraphs 1 through 88. 

90. Denied. 

91. Denied. 

92. Denied. 

COUNT III: CONTRACT VIOLATIONS

93. Defendants incorporate all responses to paragraphs 1 through 92. 

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94. All counts are denied. 

95. Defendants deny that any violation occurred. 

96. (a-k) Denied. 

97. Denied. 

98. Denied. 

PRAYER FOR RELIEF 

 Defendants deny all prayers for relief by Plaintiffs. 

AFFIRMATIVE DEFENSES 

 First Affirmative Defense: Failure to state a claim upon which relief can be granted. 

 Second Affirmative Defense: The Plaintiffs have failed to join parties and the court 

cannot accord complete relief among existing parties, and leave the Defendants in a substantial 

risk of incurring double, multiple or inconsistent obligations. 

 Third Affirmative Defense: Defendants are entitled to a set off for any damages due to 

the liability of third parties. 

Dated this 24th day of February, 2011. 

 

 ANDERSON | PINKARD 

 /s/ Eric C. Pinkard, Esq._________ 

 Eric C. Pinkard, Esq. 

Florida Bar No.: 651443 

 13557 Feather Sound Drive 

 Suite 670 

 Clearwater, Florida 33762-5532 

 Telephone: 727-329-1999 

 Facsimile: 727-329-1499 

 epinkard@floridalawpartners.com

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CERTIFICATE OF SERVICE 

 I HEREBY CERTIFY that on February 24, 2011, I electronically filed the foregoing with 

the Clerk of the Court by using the CM/ECF system, which will send a notice of electronic filing 

to all parties involved in this litigation. 

 

 /s/ Eric C. Pinkard, Esq._________ 

 Eric C. Pinkard, Esq. 

 Florida Bar No.: 651443 

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