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(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