(as filed) Winthrop's Answer to Count I and Jury Demand.pdf
Town of Winthrop · from the Town's request portal · released Dec 13, 2023 · 7 pages · 1.3 MB
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Case 1:22-cv-10573-DJC Document11 Filed 07/29/22 Page 1 of 7 COUNT UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS FERRUCCIO ROMEO, Plaintiff, v. TOWN OF WINTHROP, TERENCE M. DELEHANTY, Chief of Police/Interim Town Manager and AUSTIN FAISON, Former-Town Manager, DOCKET NO.: 1:22-CV-10573-DJC Defendants. DEFENDANT TOWN OF WINTHROP’S ANSWER TO COUNT I of PLAINTIFF’S COMPLAINT AND JURY TRIAL DEMAND Defendant Town of Winthrop (“Defendant’’), by and through its undersigned counsel, hereby provides its Answer to Plaintiff Ferruccio Romeo’s (“Plaintiff”) Complaint as follows: 1. These introductory paragraphs, some of which are unnumbered, of the Complaint purport to describe Plaintiff's claims and conclusions of law, and therefore, no response is required. To the extent an allegation is made requiring a response by the Defendant, the Defendant denies the allegations in these numbered introductory paragraphs. THE PARTIES 2. Defendant lacks knowledge or information sufficient to form a belief as to the truth of this allegation, and therefore denies the allegation. 3. Admitted. 10. 11 12. 13. Case 1:22-cv-10573-DJC Document11 Filed 07/29/22 Page 2 of 7 This paragraph is not directed at Defendant. Therefore, no response is required. To the extent any response is required, Defendant lacks knowledge of information to form a belief as to the truth of this allegation. This paragraph is not directed at Defendant. Therefore, no response is required. To the extent any response is required, Defendant lacks knowledge of information to form a belief as to the truth of this allegation. JURISDICTION This paragraph sets forth legal citations rather than factual allegations, to which no response is required. To the extent that any response is required, denied. STATEMENT OF FACTS Admitted. Admitted. Admitted that Plaintiff was the Local Union President for approximately ten (10) plus years. As to all other allegations contained in this paragraph, Defendant lacks knowledge or information sufficient to form a belief as to the truth of these allegations, and therefore denies the allegations. Denied. . Admitted that Defendant reinstated Plaintiff's employment in July 2018. As to all other allegations contained in this paragraph, denied. Admitted Plaintiff applied for FMLA at the stated time. Otherwise, neither admitted nor denied. Denied. Case 1:22-cv-10573-DJC Document 11 Filed 07/29/22 Page 3 of 7 14. Admitted that Defendant’s practice has been to award Winthrop Police Officers ten hours of Compensatory Time when they do not call out sick during any three-month consecutive period. As to all other allegations contained in this paragraph, Defendant lacks knowledge or information sufficient to form a belief as to the truth of these allegations, and therefore denies the allegations. 15. Denied. 16. Denied. 17. Denied. 18. Denied. 19. Admitted that Plaintiff's request for Intermittent FMLA Leave was approved through December 31, 2022. As to all other allegations contained in this paragraph, denied. EXHAUSTION OF ADMINISTRATIVE REMEDIES 20. The information in this paragraph constitutes legal conclusions, rather than factual allegations, to which no response is required. To the extent that any response is required, denied. COUNTI VIOLATIONS OF VII OF THE CIVIL RIGHTS ACT OF 1964 SECTION 2000E, AS AMENDED 21. Defendant restates and incorporates herein by reference its responses to 1-20 as set forth above. 22. Denied. COUNT II VIOLATIONS OF 42 U.S.C. S. 12203 (RETALIATION) 23. Currently, no response is required to this paragraph as Defendants’ Motion to Dismiss Count II of Plaintiff's Complaint is pending before the Court. Case 1:22-cv-10573-DJC Document11 Filed 07/29/22 Page 4 of 7 24. Currently, no response is required to this paragraph as Defendants’ Motion to Dismiss Count II of Plaintiffs Complaint is pending before the Court. COUNT Il VIOLATIONS OF THE FAMILY AND MEDICAL LEAVE ACT OF 1993 25. Currently, no response is required to this paragraph as Defendants’ Motion to Dismiss Count III of Plaintiff's Complaint is pending before the Court. 26. Currently, no response is required to this paragraph as Defendants’ Motion to Dismiss Count III of Plaintiff's Complaint is pending before the Court. 27. Currently, no response is required to this paragraph as Defendants’ Motion to Dismiss Count III of Plaintiff's Complaint is pending before the Court. DEFENSES FIRST DEFENSE Plaintiffs Complaint fails to state a claim upon which relief may be granted. SECOND DEFENSE Plaintiff's damages may be barred or reduced, in whole or in part, by his failure to mitigate his damages, if any. THIRD DEFENSE Plaintiffs claims are barred to the extent he failed to exhaust internal, contractual, and/or administrative remedies prior to filing his Complaint. FOURTH DEFENSE Plaintiff's damages, if any, are subject to statutory damage limitations. FIFTH DEFENSE Plaintiff's damages, if any, were caused by Plaintiffs own conduct. Case 1:22-cv-10573-DJC Document 11 Filed 07/29/22 Page 5 of 7 SIXTH DEFENSE Plaintiff's claims may be barred by the doctrine of waiver, estoppel, or laches. SEVENTH DEFENSE Defendant’s actions with respect to Plaintiff were non-discriminatory; were based on legitimate reasons and carried out in the good faith exercise of Defendant’s reasonable business judgment; and were not based on any discriminatory or retaliatory motive. EIGHTH DEFENSE Defendant’s actions conformed to applicable statutes, case authority, government regulations and industry standards. NINTH DEFENSE Defendant’s good faith efforts to comply with applicable law and its own internal policies or procedures preclude liability, vicarious or otherwise, for Plaintiff's claims, including, but not limited to, any claims for punitive or exemplary damages. TENTH DEFENSE Defendant maintains adequate and appropriate internal policies to address and redress claims of discrimination and retaliation and takes prompt remedial measures to correct any potentially inappropriate situations. Plaintiff unreasonably failed to take advantage of preventative and corrective opportunities provided by Defendant and otherwise failed to avoid harm. ELEVENTH DEFENSE Plaintiff cannot establish a prima facie case for discrimination. TWELFTH DEFENSE Plaintiff's claims are barred, in whole or in part, by the applicable statutes of limitations. Case 1:22-cv-10573-DJC Document11 Filed 07/29/22 Page 6 of 7 THIRTEENTH DEFENSE Any claims Plaintiff is asserting are barred in whole or in part because Defendant took prompt, effective, remedial action to end any and all purported discriminatory and/or retaliatory conduct when they became aware of such conduct, the awareness and existence of which Defendant specifically denies. FOURTEENTH DEFENSE Defendant reserves the right to assert any additional defenses upon the conclusion of investigation and discovery. JURY DEMAND Defendant demands trial by jury on all counts where trial by jury is available. PRAYER FOR RELIEF Defendant respectfully requests that this Court enter judgment in its favor and against Plaintiff, dismiss the case, thereby rejecting Plaintiff's attempt to enjoin the Defendants and other relief sought by Plaintiff, and award Defendant other appropriate equitable relief, attorneys’ fees, and costs and additional relief as may be just and proper under the circumstances. Respectfully submitted, TOWN OF WINTHROP, TERENCE M. DELEHANTY, and AUSTIN FAISON, By their attorneys, /s/ Janet Barringer Janet R. Barringer, BBO # 642442 JBarringer@FMGlaw.com Matthew R. Mattie, BBO # 705624 MRMattie@FMGlaw.com FREEMAN, MATHIS & GARY, LLP 60 State, Sixth Floor Boston, Massachusetts 02109 Dated: July 29, 2022 Tel: (617) 963 — 5975 Case 1:22-cv-10573-DJC Document 11 Filed 07/29/22 Page 7 of 7 CERTIFICATE OF SERVICE [hereby certify that this document was filed through the ECF system and will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be served upon non-registered participants. /s/ Janet R. Barringer Janet R. Barringer