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CAUSE NO. 1427000
ANITA BELLE WHITTINGTON, § IN THE DISTRICT COURT Plaintiff, § § v. § WALKER COUNTY, TEXAS § SAM HOUSTON STATE UNIVERSITY, § Defendant. § 12TH JUDICIAL DISTRICT
DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURES
Defendant Sam Houston State University (“SHSU”) files its Original Answer and
Affirmative Defenses to Plaintiff’s Original Petition.
I. GENERAL DENIAL
Pursuant to Rule 92, TEXAS RULES OF CIVIL PROCEDURE, and for the express purpose of
requiring the Plaintiff to meet her burden of proof, Defendant denies every allegation contained
in Plaintiff’s Original Petition, and demands strict proof thereof as required by law.
II. AFFIRMATIVE DEFENSES
Pleading further, Defendant asserts that it is entitled to the following affirmative
defenses:
1. This court lacks jurisdiction over Plaintiff’s claims against Defendant.
2. Defendant asserts the defense of sovereign immunity as to any of
Plaintiff’s claims for which there has been no statutory or express waiver.
3. Defendant asserts the defense of limitations to the extent applicable to any
cause of action asserted by Plaintiff.
4. Plaintiff failed to exhaust her administrative remedies and meet all
statutory prerequisites prior to filing this lawsuit.
Melissa Fuentes
Filed: 1/22/2015 11:17:45 AMRobyn M. FlowersDistrict ClerkWalker County, Texas
5. Defendant asserts that Plaintiff failed to engage in any protected activity.
6. Defendant asserts that compensatory damages and other damages provided
for in Chapter 21 of the Texas Labor Code, if any, are subject to the
damage cap set forth therein.
7. Defendant asserts that any employment decisions challenged by Plaintiff
were made for legitimate, non-discriminatory and non-retaliatory reasons,
and that its decisions would have been made regardless of any protected
activity claimed by Plaintiff.
8. Defendant asserts that any employment decisions challenged by Plaintiff
were made for legitimate, non-discriminatory and non-retaliatory reasons,
and that its decisions would have been made regardless of Plaintiff’s
gender.
9. Defendant asserts that any employment decisions challenged by Plaintiff
were made for legitimate, non-discriminatory and non-retaliatory reasons,
and that its decisions would have been made regardless of Plaintiff’s age.
10. Defendant asserts that any employment decisions challenged by Plaintiff
were made for legitimate, non-discriminatory and non-retaliatory reasons,
and that its decisions would have been made regardless of Plaintiff’s
alleged disability.
11. Defendant asserts that, to the extent applicable, Plaintiff has failed to
mitigate her damages, if any.
12. Defendant’s actions with regard to Plaintiff would have been the same
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even in the absence of facts Plaintiff claims resulted from illegal conduct.
13. Defendant asserts that Plaintiff has failed to state a claim upon which relief
can be granted.
14. Defendant asserts that Plaintiff lacks standing to bring this lawsuit.
15. Defendant asserts that at all times relevant to this cause, Defendant’s
actions were reasonable and proper under the laws of the State of Texas.
16. Defendant asserts the right to raise additional defenses that become
apparent throughout the factual development of this case.
III. REQUEST FOR RULE 194 DISCLOSURES
Defendant Sam Houston State University, requests that Plaintiff, Anita Belle Whittington,
disclose within 30 days of service of this request, the information or material described in Texas
Rules of Civil Procedure 194.2(a) through 194.2(l).
IV. PRAYER
WHEREFORE, Defendant prays that Plaintiff take nothing by this suit and that all costs
be taxed against her.
Respectfully submitted,
KEN PAXTON Attorney General of Texas
CHARLES E. ROY First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Civil Litigation
JAMES “BEAU” ECCLES Division Chief
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/s/Yvonne D. Bennett YVONNE D. BENNETT Assistant Attorney General Texas Bar No.24052183 Attorney in Charge P.0. Box 12548 Austin, Texas 78711 Phone No. (512) 463-2120 Fax No. (512) 320-0667 [email protected]
COUNSEL FOR DEFENDANT SAM HOUSTON STATE UNIVERSITY
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was served via
U.S. Certified Mail Return Receipt Requested on this 22nd day of January, 2015, on:
Kechi Chukwurah LAW OFFICES OF KECHI H. CHUKWURAH 8034 Montague Manor Lane Houston, TX 77072 Tel: (832) 526-6500 Fax: (832) 200-1420 Attorney for Plaintiff /s/ Yvonne D. Bennett Yvonne D. Bennett Assistant Attorney General
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