1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Ogletree, Deakins, Nash

Smoak & Stewart, P.C.

2415 East Camelback Road, Suite 800

Phoenix, Arizona 85016

(602) 364-7000

UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA 

JOSEPH SORGE, 

Plaintiff, 

vs. 

YELP, INC., 

Defendant. 

No. 2:17-cv-04518-JJT 

ANSWER TO PLAINTIFF’S 

COMPLAINT 

Defendant Yelp Inc. (“Defendant”) hereby answers Plaintiff Joseph Sorge’s 

(“Plaintiff”) Complaint (“Complaint”) as follows: 

INTRODUCTION 

1. Defendant admits that Plaintiff’s employment with Defendant was terminated 

on June 17, 2016. Defendant denies the remaining allegations in paragraph 1 of the 

Complaint. 

JURISDICTION AND VENUE 

2. Defendant admits that Plaintiff purports to invoke the jurisdiction of this 

Court pursuant to 28 U.S.C. §§ 1331. Defendant denies the remaining allegations in 

paragraph 2 of the Complaint. 

L. Eric Dowell, SBN 011458 

Alexandra J. Gill, SBN 027506 

Ogletree, Deakins, Nash, Smoak & Stewart, P.C., SBN 00504800 

2415 East Camelback Road, Suite 800 

Phoenix, Arizona 85016 

Telephone: (602) 778-3700 

Fax: (602) 778-3750 

Eric.Dowell@OgletreeDeakins.com

Alexandra.Gill@OgletreeDeakins.com

Attorneys for Defendant Yelp Inc. 

Case 2:17-cv-04518-JJT Document 8 Filed 02/16/18 Page 1 of 7
2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Ogletree, Deakins, Nash,

Smoak & Stewart, P.C.

2415 East Camelback road, Suite 800

Phoenix, Arizona 85016

(602) 364-7000

3. Defendant admits that venue is proper in this District. Defendant denies the 

remaining allegations in paragraph 3 of the Complaint. 

THE PARTIES 

4. Defendant lacks sufficient information to form a belief as to the truth of the 

allegations in paragraph 4 of the Complaint and therefore denies them. 

5. Defendant admits that it is registered as a corporation in the State of 

Delaware and that it conducts business in Arizona as Yelp Arizona Inc. 

FACTUAL ALLEGATIONS 

6. Defendant admits that yelp.com is a website and mobile app that connects 

people with local businesses. 

7. Defendant admits that millions of users access yelp.com. 

8. Defendant admits that it offers both free and paid services to users. 

9. Defendant admits that it has more than 500 employees. 

10. Paragraph 10 of the Complaint is a legal conclusion to which no response is 

required. To the extent this paragraph requires a response, Defendant denies the 

allegations in paragraph 10 of the Complaint. 

11. Defendant denies the allegations in paragraph 11 of the Complaint. 

12. Defendant admits that Plaintiff was employed by Defendant. The remaining 

allegations consist of a legal conclusion to which no response is required. To the extent 

this paragraph requires a further response, Defendant denies the remaining allegations in 

paragraph 12 of the Complaint. 

13. Defendant admits the allegations in paragraph 13 of the Complaint. 

14. Defendant admits that Plaintiff’s manager was Matthew Susa, and that 

Mr. Susa was employed at Yelp at that time as an Associate Sales Training Manager. 

15. Defendant denies the allegations in paragraph 15 of the Complaint. 

16. Defendant denies the allegations in paragraph 16 of the Complaint. 

17. Defendant denies the allegations in paragraph 17 of the Complaint. 

18. Defendant denies the allegations in paragraph 18 of the Complaint. 

Case 2:17-cv-04518-JJT Document 8 Filed 02/16/18 Page 2 of 7
3

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Ogletree, Deakins, Nash,

Smoak & Stewart, P.C.

2415 East Camelback road, Suite 800

Phoenix, Arizona 85016

(602) 364-7000

19. Defendant denies the allegations in paragraph 19 of the Complaint. 

20. Defendant denies the allegations in paragraph 20 of the Complaint. 

21. Defendant admits that on June 17, 2016, a meeting took place involving 

Plaintiff, Matthew Susa, and a representative from Human Resources. Defendant denies 

the remaining allegations in paragraph 21 of the Complaint. 

22. Defendant denies the allegations in paragraph 22 of the Complaint. 

23. Defendant denies the allegations in paragraph 23 of the Complaint. 

24. Defendant denies the allegations in paragraph 24 of the Complaint. 

25. Defendant admits that on June 17, 2016, Plaintiff’s employment was 

terminated. Defendant denies the remaining allegations in paragraph 25 of the Complaint. 

26. Defendant denies the allegations in paragraph 26 of the Complaint. 

27. Defendant denies the allegations in paragraph 27 of the Complaint. 

28. Defendant denies the allegations in paragraph 28 of the Complaint. 

29. Defendant admits that on June 17, 2016, Plaintiff’s employment was 

terminated. Defendant denies the remaining allegations in paragraph 29 of the Complaint. 

30. Upon information and belief, Defendant admits that on or about June 21, 

2016, Plaintiff filed a Charge of Discrimination with the EEOC, Charge No. 540-2016-

02304. Defendant denies any remaining allegations in paragraph 30 of the Complaint. 

31. Upon information and belief, Defendant admits that on or about September 6, 

2017, the EEOC issued a Dismissal and Notice of Rights for Charge No. 540-2016-02304. 

Defendant denies any remaining allegations in paragraph 31 of the Complaint. 

32. Paragraph 32 of the Complaint is a legal conclusion to which no response is 

required. To the extent this paragraph requires a response, Defendant denies the 

allegations in paragraph 32 of the Complaint. 

FIRST CAUSE OF ACTION – TITLE VII VIOLATION 

33. Defendant incorporates by reference herein all the answers, defenses, 

responses, denials, and averments to all allegations contained within paragraphs 1 through 

32 of the Complaint. 

Case 2:17-cv-04518-JJT Document 8 Filed 02/16/18 Page 3 of 7
4

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Ogletree, Deakins, Nash,

Smoak & Stewart, P.C.

2415 East Camelback road, Suite 800

Phoenix, Arizona 85016

(602) 364-7000

34. Upon information and belief, Defendant admits that Plaintiff is male. The 

remaining allegations consist of a legal conclusion to which no response is required. To 

the extent this paragraph requires a further response, Defendant denies the remaining 

allegations in paragraph 34 of the Complaint. 

35. Defendant denies the allegations in paragraph 35 of the Complaint. 

36. Defendant denies the allegations in paragraph 36 of the Complaint. 

37. Defendant denies the allegations in paragraph 37 of the Complaint. 

38. Defendant denies the allegations in paragraph 38 of the Complaint. 

39. Defendant denies the allegations in paragraph 39 of the Complaint. 

40. Defendant denies the allegations in paragraph 40 of the Complaint. 

41. Defendant denies the allegations in paragraph 41 of the Complaint. 

SECOND CAUSE OF ACTION – TITLE VII RETALIATION 

42. Defendant incorporates by reference herein all the answers, defenses, 

responses, denials, and averments to all allegations contained within paragraphs 1 through 

41 of the Complaint. 

43. Defendant denies the allegations in paragraph 43 of the Complaint. 

44. Defendant denies the allegations in paragraph 44 of the Complaint. 

45. Defendant denies the allegations in paragraph 45 of the Complaint. 

46. Defendant denies the allegations in paragraph 46 of the Complaint. 

PRAYER FOR RELIEF 

47. Defendant denies that Plaintiff is entitled to any damages or the recovery 

requested in parts (1) through (8) of the “Prayer for Relief” section of the Complaint. 

GENERAL DENIAL 

Defendant denies all allegations and inferences of the Complaint that are not 

expressly admitted in this Answer, denies acting unlawfully with respect to Plaintiff, and 

denies causing recoverable damage to Plaintiff, as alleged in the Complaint or at all. 

AFFIRMATIVE AND OTHER DEFENSES 

1. Plaintiff’s Complaint fails to state a claim upon which relief may be granted. 

Case 2:17-cv-04518-JJT Document 8 Filed 02/16/18 Page 4 of 7
5

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Ogletree, Deakins, Nash,

Smoak & Stewart, P.C.

2415 East Camelback road, Suite 800

Phoenix, Arizona 85016

(602) 364-7000

2. To the extent Plaintiff attempts to base his claims on allegations or 

occurrences that were not administratively exhausted, Plaintiff’s claims are barred, in 

whole or in part. 

3. To the extent Plaintiff attempts to base his claims on allegations or 

occurrences that fall outside the applicable statutes of limitations, his claims are barred, in 

whole or in part. 

4. Plaintiff’s claims are barred, in whole or in part, because there were and are 

legitimate, non-discriminatory, and non-retaliatory reasons for each and every employment 

practice or action taken by Defendant that is alleged to have adversely affected Plaintiff. 

5. Plaintiff’s claim for damages for mental, emotional, or physical injuries 

arising out of his employment with Defendant or the termination thereof are barred in 

whole or in part because his sole and exclusive remedy for these alleged harms is the 

Arizona Workers’ Compensation Act. 

6. Plaintiff’s claims are barred, in whole or in part, to the extent he failed to 

mitigate any alleged damages. 

7. Plaintiff’s claims are barred, in whole or in part, by the doctrines of unclean 

hands, waiver, estoppel, and/or after acquired evidence. 

8. Plaintiff’s claims are barred, in whole or in part, because Defendant’s actions 

regarding Plaintiff were taken in good faith and with a reasonable belief that its actions 

were lawful and none of Defendant’s actions were intentional, reckless, or willful 

violations of any law. 

9. Plaintiff’s claims for punitive damages are barred, in whole or in part, by the 

Arizona and the United States Constitutions. 

10. Defendant reserves the right to add additional affirmative defenses, 

allegations, and/or denials consistent with Rule 8 of the Federal Rules of Civil Procedure. 

WHEREFORE, Defendant prays for relief as follows: 

1. That Plaintiff’s Complaint be dismissed in its entirety and with prejudice; 

2. That Plaintiff take nothing by this action and that judgment be entered 

Case 2:17-cv-04518-JJT Document 8 Filed 02/16/18 Page 5 of 7
6

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Ogletree, Deakins, Nash,

Smoak & Stewart, P.C.

2415 East Camelback road, Suite 800

Phoenix, Arizona 85016

(602) 364-7000

against Plaintiff and in favor of Defendant; 

3. That Defendant be awarded all costs and attorneys’ fees incurred in 

defending this action; and 

4. That Defendant be granted such other and further relief as the Court may 

deem just and proper. 

RESPECTFULLY SUBMITTED this 16th day of February 2018. 

OGLETREE, DEAKINS, NASH, 

SMOAK & STEWART, P.C. 

By: s/Alexandra J. Gill 

L. Eric Dowell 

Alexandra J. Gill 

2415 East Camelback Road, Suite 800 

Phoenix, Arizona 85016 

Attorneys for Defendant Yelp Inc. 

Case 2:17-cv-04518-JJT Document 8 Filed 02/16/18 Page 6 of 7
7

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Ogletree, Deakins, Nash,

Smoak & Stewart, P.C.

2415 East Camelback road, Suite 800

Phoenix, Arizona 85016

(602) 364-7000

CERTIFICATE OF SERVICE

I hereby certify that on the 16th day of February 2018, I electronically transmitted 

the attached document to the Clerk’s Office using the CM/ECF System for filing and 

transmittal of Notice of Electronic Filing to the following CM/ECF registrant: 

Joshua W. Carden 

Joshua Carden Law Firm, P.C. 

16427 North Scottsdale, Road, Suite 410 

Scottsdale, Arizona 85254 

joshua@cardenlawfirm.com 

s/Debra A. Irwin 

33009455.1 

Case 2:17-cv-04518-JJT Document 8 Filed 02/16/18 Page 7 of 7