Case 3:10-cv-00546-L Document 8

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MICHAEL RIDDLE Plaintiff, v. DYNCORP INTERNATIONAL INC., MARK RAY, AIMAN K. ZUREIKAT AND RICHARD C. CASHON Defendants. § § § § § CIVIL ACTION NO. 3:10-cv-00546-L § § § § § §

DEFENDANTS' ORIGINAL ANSWER TO PLAINTIFF'S ORIGINAL COMPLAINT TO THE HONORABLE UNITED STATES DISTRICT COURT Defendants DynCorp International Inc. ("DynCorp"), Aiman K. Zureikat ("Zureikat") and Richard C. Cashon ("Cashon") (collectively, "Defendants"), through their counsel, Robert E. Sheeder, Bracewell & Giuliani LLP, 1445 Ross Avenue, Suite 3800, Dallas, Texas 75202, answer Plaintiff's Original Complaint ("Complaint") as follows: FIRST DEFENSE The Complaint fails, in whole or in part, to state a claim upon which relief can be granted. SECOND DEFENSE In response to each of the allegations contained in Plaintiff's Complaint, Defendants make the following responses in correspondingly numbered paragraphs: I. 1. NATURE OF LAWSUIT

Defendants are without sufficient knowledge or information to form a

belief as to the truthfulness of the allegations in Paragraph 1 of the Complaint, and, accordingly, they are denied.
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2.

Defendants are without sufficient knowledge or information to form a

belief as to the truthfulness of the allegations in Paragraph 2 of the Complaint, and, accordingly, they are denied. 3. Complaint. II. 4. JURISDICTION Defendants deny each and every allegation in Paragraph 3 of the

Defendants admit only that this Court has jurisdiction over this matter, but

deny that there is any legal or factual basis to Plaintiff's claims or that Plaintiff is entitled to the relief sought. Venue is inappropriate in the Dallas Division of the Northern District of Texas. Alternatively, the Fort Worth Division is the more appropriate forum. Defendants deny each and every other allegation contained in Paragraph 4 of the Complaint. III. 5. PARTIES

Defendants admit, based on personnel records, that Plaintiff is an

individual residing in the Northern District of Texas. 6. Defendants admit only that DynCorp International Inc. is a Delaware

corporation and CT Corporation System is its designated agent for service of process in the State of Texas. Defendants deny each and every other allegation contained in

Paragraph 6 of the Complaint.

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7.

Defendants admit only that Ray resides in the Northern District of Texas.

Defendants deny each and every other allegation contained in Paragraph 7 of the Complaint. 8. Complaint. 9. 10. 11. the Complaint. IV. 12. FACTUAL BACKGROUND Defendants admit the allegations in Paragraph 9 of the Complaint. Defendants admit the allegations in Paragraph 10 of the Complaint. Defendants deny each and every allegation contained in Paragraph 11 of Defendants deny each and every allegation contained in Paragraph 8 of the

Defendants deny the allegation in Paragraph 12 of the Complaint that

DynCorp International Inc. hired or employed Plaintiff, but admit the remaining allegations in Paragraph 12 of the Complaint. 13. Defendants admit only that a contract between the State Department and

DynCorp International LLC included language referencing a database that was referred to as CADRE. Defendants deny each and every other allegation in Paragraph 13 of the Complaint. 14. Defendants are without sufficient knowledge or information to form a

belief as to the truthfulness of the allegations in Paragraph 14 of the Complaint, and, accordingly, they are denied. 15. the Complaint. 16. the Complaint.
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Defendants deny each and every allegation contained in Paragraph 15 of

Defendants deny each and every allegation contained in Paragraph 16 of

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17. Complaint. 18. Complaint. 19.

Defendants deny each and every allegation set forth in Paragraph 17 of the

Defendants deny each and every allegation set forth in Paragraph 18 of the

Defendants deny that any database created by Plaintiff in the course and

scope of his employment with DynCorp International LLC was his personal database. Defendants are without sufficient knowledge or information to form a belief as to the truthfulness of the remaining allegations in Paragraph 19 of the Complaint, and, accordingly, they are denied. 20. Defendants are without sufficient knowledge or information to form a

belief as to the truthfulness of the allegations in Paragraph 20 of the Complaint, and, accordingly, they are denied. 21. Defendants deny each and every allegation set forth in Paragraph 21 of the

Complaint, including the footnote thereto. 22. Complaint. 23. Defendants are without sufficient knowledge or information to form a Defendants deny each and every allegation set forth in Paragraph 22 of the

belief as to the truthfulness of what Plaintiff believed and, accordingly, deny the allegations made in the first sentence of Paragraph 23 of the Complaint. Defendants deny each and every other remaining allegation contained in Paragraph 23 of the Complaint. 24. Defendants are without sufficient knowledge or information to form a

belief as to the truthfulness of the allegations in Paragraph 24 and, accordingly, they are denied.
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25. the Complaint. 26. the Complaint. 27. the Complaint. 28. the Complaint. 29. the Complaint. 30. the Complaint. 31. the Complaint. 32.

Defendants deny each and every allegation contained in Paragraph 25 of

Defendants deny each and every allegation contained in Paragraph 26 of

Defendants deny each and every allegation contained in Paragraph 27 of

Defendants deny each and every allegation contained in Paragraph 28 of

Defendants deny each and every allegation contained in Paragraph 29 of

Defendants deny each and every allegation contained in Paragraph 30 of

Defendants deny each and every allegation contained in Paragraph 31 of

Defendants are without sufficient knowledge or information to form a

belief as to the truthfulness of what Plaintiff believed and, accordingly, the allegations contained in Paragraph 32 of the Complaint are denied. 33. the Complaint. 34. the Complaint. 35. the Complaint.
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Defendants deny each and every allegation contained in Paragraph 33 of

Defendants deny each and every allegation contained in Paragraph 34 of

Defendants deny each and every allegation contained in Paragraph 35 of

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36. the Complaint. 37. the Complaint. 38. the Complaint. 39. Complaint. 40.

Defendants deny each and every allegation contained in Paragraph 36 of

Defendants deny each and every allegation contained in Paragraph 37 of

Defendants deny each and every allegation contained in Paragraph 38 of

Defendants admit the allegations contained in Paragraph 39 of the

Defendants are without sufficient knowledge or information to form a

belief as to the truthfulness of what Plaintiff thought or believed and, accordingly, the allegations contained in sentences three and four of Paragraph 40 of the Complaint are denied. Defendants deny each and every other remaining allegation contained in

Paragraph 40 of the Complaint. 41. the Complaint. 42. Defendants admit only that the CIVPOL Recruiting Unit was consolidated Defendants deny each and every allegation contained in Paragraph 41 of

under the joint recruiting umbrella of Worldwide Recruiting and Staffing Services, a wholly owned subsidiary of DynCorp International LLC, managed by Mike Sovacool. Defendants deny each and every other allegation contained in Paragraph 42 of the Complaint. 43. the Complaint. 44. Defendants admit only that Holland had a 3-month assignment at Defendants deny each and every allegation contained in Paragraph 43 of

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corporate headquarters. Defendants deny each and every other allegation contained in Paragraph 44 of the Complaint. 45. the Complaint. 46. the Complaint. 47. Defendants admit only that Holland was laid off in a reduction in force in Defendants deny each and every allegation contained in Paragraph 46 of Defendants deny each and every allegation contained in Paragraph 45 of

May 2009. Defendants deny each and every other allegation contained in Paragraph 47 of the Complaint. 48. the Complaint. 49. the Complaint. 50. the Complaint. 51. the Complaint. 52. the Complaint. 53. Defendants admit only that Plaintiff met with Dean Crawford and Mark Defendants deny each and every allegation contained in Paragraph 52 of Defendants deny each and every allegation contained in Paragraph 51 of Defendants deny each and every allegation contained in Paragraph 50 of Defendants deny each and every allegation contained in Paragraph 49 of Defendants deny each and every allegation contained in Paragraph 48 of

Ray in Mr. Crawford's office on September 11, 2009, and was told his employment was terminated immediately as a result of ongoing performance deficiencies. Defendants deny each and every other allegation contained in Paragraph 53 of the Complaint.
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54.

Defendants admit only that Plaintiff's performance deficiencies were

communicated to him prior to his termination. Defendants deny each and every other allegation contained in Paragraph 54 of the Complaint. 55. Defendants admit only that Plaintiff asserts the allegations in Paragraph 55

but denies that there is any factual or legal basis for the allegations contained in Paragraph 55 of the Complaint. 56. the Complaint. 57. the Complaint. 58. the Complaint. VI. [sic] 59. CONDITIONS PRECEDENT Defendants deny each and every allegation contained in Paragraph 58 of Defendants deny each and every allegation contained in Paragraph 57 of Defendants deny each and every allegation contained in Paragraph 56 of

Defendants deny each and every allegation contained in Paragraph 59 of

the Complaint because Plaintiff did not engage in protected activity for which a claim can be brought. VII. [sic] 60. JURY DEMAND

Defendants state that no response is required to Plaintiff's demand for trial

by jury. To the extent a responsive pleading is required to Plaintiff's demand for trial by jury, Defendants deny that Plaintiff is entitled to trial by jury. VIII. [sic] 61. CLAIM

Defendants re-allege and incorporate by reference their responses to

Paragraphs 1 through 60 in response to Paragraph 61 of the Complaint. 62. Defendants deny each and every allegation contained in Paragraph 62 of

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the Complaint. 63. Defendants state that no response is required to Paragraph 63 of the

Complaint on the grounds it calls for a pure legal conclusion. To the extent a responsive pleading is required to Paragraph 63 of the Complaint, Defendants deny each and every fact allegation therein. 64. Defendants state that no response is required to Paragraph 64 of the

Complaint on the grounds it calls for a pure legal conclusion. To the extent a Response is required, Defendants deny each and every fact allegation therein. 65. Defendants state that no response is required to Paragraph 65 of the

Complaint on the grounds it calls for a pure legal conclusion. To the extent a Response is required, Defendants deny each and every fact allegation therein. 66. Defendants state that no response is required to Paragraph 66 of the

Complaint on the grounds it calls for a pure legal conclusion. To the extent a Response is required, Defendants deny each and every fact allegation therein. 67. the Complaint. VII. [sic] PRAYER Defendants deny each and every allegation contained in Paragraph 67 of

With respect to the Prayer that follows Paragraph 67 of the Complaint, Defendants deny each and every allegation and further deny that the damages or relief requested in the Prayer are authorized by law or are appropriate for the claims alleged. Each and every allegation set forth in the Complaint that is not expressly admitted herein is denied.

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THIRD DEFENSE Plaintiff's claims are barred, in whole or in part, by doctrines of equity, including, but not limited to, estoppel and/or unclean hands. FOURTH DEFENSE Plaintiff's claims are barred, in whole or in part, to the extent they are subject to statutory and constitutional caps or other limitations on recoverable damages, if any. FIFTH DEFENSE Plaintiff’s claims are barred, in whole or in part by set off and, to the extent Plaintiff has failed to mitigate his alleged damages, if any, or to otherwise avoid the alleged harm. SIXTH DEFENSE Plaintiff’s claims are barred, in whole or in part, to the extent that Defendant DynCorp International Inc. is not liable in the capacity in which it is sued. SEVENTH DEFENSE Plaintiff's claims are barred, in whole or in part, to the extent that Defendant Aiman Zureikat is not liable in the capacity in which he is sued. EIGHTH DEFENSE Plaintiff's claims are barred, in whole or in part, to the extent that Defendant Richard Cashon is not liable in the capacity in which he is sued. NINTH DEFENSE Plaintiff's claims are barred because, at all times, Defendants acted in good faith and made good-faith efforts to comply with applicable laws. TENTH DEFENSE With respect to any employment actions taken by Defendants that are challenged by
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Plaintiff, Plaintiff's claims are barred, in whole or in part, because all employment actions taken by Defendants were for legitimate, nondiscriminatory and nonretaliatory reasons. ELEVENTH DEFENSE Plaintiff's claims are barred, in whole or in part, by the doctrine of after-acquired evidence. TWELFTH DEFENSE Plaintiff's claims are barred, in whole or in part, by the applicable statute of limitations. THIRTEENTH DEFENSE Plaintiff's claims are barred, in whole or in part, because Defendants would have taken the same action in the absence of any alleged impermissible motivating factor(s). PRAYER WHEREFORE, PREMISES CONSIDERED, DEFENDANTS DynCorp International Inc., Aiman Zureikat, and Richard Cashon request that Plaintiff take nothing by way of his actions, that such actions by Plaintiff be dismissed with prejudice, that DEFENDANTS recover all damages, costs of litigation, including attorneys’ fees, costs and expenses, pre-judgment and post-judgment interest, and such other and further relief to which DEFENDANTS may be justly entitled. Respectfully submitted, /s/ Robert E. Sheeder_____ Robert E. Sheeder State Bar No. 18174300 Bracewell & Giuliani LLP 1445 Ross Avenue, Suite 3800 Dallas, Texas 75202-2711 Telephone: (214) 468-3800 Telecopy: (214) 468-3888 ATTORNEY FOR DEFENDANTS
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CERTIFICATE OF SERVICE I hereby certify that on May 27, 2010, a copy of the foregoing document was electronically filed. Notice of this filing will be sent to counsel of record for all parties by operation of the Court’s Electronic Filing System.

/s/ Robert E. Sheeder

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