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Dennis K. Blackhurst, AZ Bar No. 021678

dblackhurst@gillettephelps.com

GILLETTE PHELPS, PLC

3850 EAST BASELINE #125

Mesa, Arizona 85206

Telephone: (480) 861-6637

Facsimile: (480) 964-1524

Attorney for Defendant Stratton Restoration, LLC

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Cheryl Lucille Gaffner,

Plaintiff,

v.

Stratton Restoration, LLC,

Defendant.

Case No. 2:15-CV-02166-JAT

ANSWER TO AMENDED 

COMPLAINT

Defendant Stratton Restoration, LLC, for its answer to Plaintiff’s Amended 

Complaint, states as follows:

Defendant denies the fact allegations set forth in the first two unnumbered, 

introductory paragraphs of the Amended Complaint.

JURISDICTION AND VENUE

1. Paragraph 1 of the Amended Complaint does not include factual allegations, 

but statements of law to which no answer is required. Defendant denies any fact allegations 

set forth in Paragraph 1.

2. Defendant admits the allegations in Paragraph 2 of the Amended Complaint.

3. Defendant admits the allegations in Paragraph 3 of the Amended Complaint.

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PARTIES

4. Defendant admits the allegations in Paragraph 4 of the Amended Complaint.

5. Defendant admits the allegations in Paragraph 5 of the Amended Complaint.

6. Defendant admits the allegations in Paragraph 6 of the Amended Complaint.

7. Defendant admits the allegations in Paragraph 7 of the Amended Complaint.

8. Defendant denies the allegations in Paragraph 8 of the Amended Complaint.

CONDITIONS PRECEDENT

9. Responding to Paragraph 9 of the Amended Complaint, Defendant states that it 

lacks knowledge or information sufficient to form a belief as to the truth of the allegations 

and therefore denies them.

10. Defendant admits the allegations in Paragraph 10 of the Amended Complaint.

11. Responding to Paragraph 11 of the Amended Complaint, Defendant states that 

it lacks knowledge or information sufficient to form a belief as to the truth of the allegations 

and therefore denies them.

STATEMENT OF FACTS

Stratton’s Organization

12. Defendant admits the allegations in Paragraph 12 of the Amended Complaint.

13. Defendant admits the allegations in Paragraph 13 of the Amended Complaint.

14. Responding to Paragraph 14 of the Amended Complaint, Defendant admits 

that Lance White was employed by Stratton at relevant times as a general manager. 

Defendant denies the remaining allegations in Paragraph 14 of the Amended Complaint.

15. Defendant denies the allegations in Paragraph 15 of the Amended Complaint.

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16. Defendant denies the allegations in Paragraph 16 of the Amended Complaint.

17. Responding to Paragraph 17 of the Amended Complaint, Defendant admits 

that at times Carpenter had a role in determining the work assignments and schedules of 

Stratton employees, including Gaffner. Defendant denies the remaining allegations in 

Paragraph 17 of the Amended Complaint.

18. Defendant denies the allegations in Paragraph 18 of the Amended Complaint.

Cheryl Gaffner

19. Responding to Paragraph 19 of the Amended Complaint, Defendant admits 

that Gaffner was hired in or about July 2012 and admits that Gaffner’s job was cleaning post 

construction off site houses. Defendant denies the remaining allegations in Paragraph 19 of 

the Amended Complaint.

20. Responding to Paragraph 20 of the Amended Complaint, Defendant admits 

that Carpenter was Gaffner’s supervisor. Defendant denies the remaining allegations in 

Paragraph 20 of the Amended Complaint.

21. Defendant denies the allegations in Paragraph 21 of the Amended Complaint.

22. Defendant denies the allegations in Paragraph 22 of the Amended Complaint.

23. Defendant denies the allegations in Paragraph 23 of the Amended Complaint.

24. Defendant denies the allegations in Paragraph 24 of the Amended Complaint.

25. Defendant denies the allegations in Paragraph 25 of the Amended Complaint.

26. Defendant denies the allegations in Paragraph 26 of the Amended Complaint.

27. Defendant denies the allegations in Paragraph 27 of the Amended Complaint.

28. Defendant denies the allegations in Paragraph 28 of the Amended Complaint.

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29. Defendant denies the allegations in Paragraph 29 of the Amended Complaint.

30. Defendant denies the allegations in Paragraph 30 of the Amended Complaint.

31. Defendant denies the allegations in Paragraph 31 of the Amended Complaint.

32. Defendant denies the allegations in Paragraph 32 of the Amended Complaint.

33. Defendant denies the allegations in Paragraph 33 of the Amended Complaint.

34. Defendant denies the allegations in Paragraph 34 of the Amended Complaint.

COUNT I

(SEXUAL HARASMENT IN VIOLATION OF TITLE VII)

35. Defendant denies the allegations in Paragraph 35 of the Amended Complaint.

36. Defendant denies the allegations in Paragraph 36 of the Amended Complaint.

37. Defendant admits the allegations in Paragraph 37 of the Amended Complaint.

38. Defendant denies the allegations in Paragraph 38 of the Amended Complaint.

39. Defendant denies the allegations in Paragraph 39 of the Amended Complaint.

40. Defendant denies the allegations in Paragraph 40 of the Amended Complaint.

41. Defendant denies the allegations in Paragraph 41 of the Amended Complaint.

42. Defendant denies the allegations in Paragraph 42 of the Amended Complaint.

COUNT II

(UNLAWFUL RETALIATION IN VIOLATION OF TITLE VII)

43. Defendant denies the allegations in Paragraph 43 of the Amended Complaint.

44. Defendant denies the allegations in Paragraph 44 of the Amended Complaint.

45. Defendant denies the allegations in Paragraph 45 of the Amended Complaint.

46. Defendant denies the allegations in Paragraph 46 of the Amended Complaint.

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47. Defendant denies the allegations in Paragraph 47 of the Amended Complaint.

48. Defendant denies the allegations in Paragraph 48 of the Amended Complaint.

49. Defendant denies the allegations in Paragraph 49 of the Amended Complaint.

AFFIRMATIVE DEFENSES

1. Plaintiff’s claims are barred because they were not filed timely under federal law. 

Plaintiff’s complaint was filed more than 90 days after receipt of her right to sue 

letter from the state.

2. Plaintiff’s claims are time-barred to the extent that they include claims for alleged 

actions that occurred more than 300 days before she filed her claim.

3. Plaintiff’s claims are barred by her own failure to report the alleged harassment to 

management at Stratton Restoration, LLC.

4. Plaintiff’s claims are barred by her failure to exhaust administrative remedies.

5. Plaintiff’s claims fail to allege a claim upon which relief can be granted.

6. Plaintiff’s allegations fail to establish a hostile workplace environment or quid pro 

quo claim of harassment.

7. Plaintiff’s claims are barred by her failure to include a necessary party, the alleged 

wrongdoer, David Carpenter.

8. Plaintiff’s claims are barred because she has not alleged wrongdoing by Defendant 

Stratton Restoration, LLC, or respondeat superior liability.

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9. Plaintiff’s claims are barred because she was terminated for poor work 

performance before she raised any claim of harassment to any member of 

management.

10.Plaintiff’s claims are barred by her failure to mitigate her damages.

WHEREFORE, Defendant Stratton Restoration, LLC, respectfully requests that the 

Court dismiss the Complaint with prejudice and award Stratton Restoration, LLC its 

reasonable attorneys’ fees and costs incurred in defending this matter under applicable 

statutory or common law authority.

DATED this 28th day of April, 2016.

GILLETTE PHELPS PLC

By Dennis Blackhurst

Dennis K. Blackhurst

3850 East Baseline, Suite 125

Mesa, AZ 85206

Attorney for Defendant Stratton Restoration, 

LLC

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I hereby certify that I electronically transmitted 

the attached document to the Clerk's Office 

using the CM/ECF System for filing and 

transmittal of a Notice of Electronic Filing to 

the following CM/ECF registrants, and mailed a

copy of same to the following if non-registrants, 

this 28th day of April, 2016:

Nina Targovnik

Amanda M. Caldwell

Pamela M. Bridge

Community Legal Services

305 South Second Avenue

Phoenix, Arizona 85003

Attorneys for Plaintiff

s/ Dennis Blackhurst

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