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Document 8 - Defendants Original Answer and Affirmative Defenses
Document 8 - Defendants Original Answer and Affirmative Defenses
Defendants George Cramer, Jr., Joe Tillotson, Plano Amigos LP d./b/a Banditos Tex Mex
Cantina, Plano Amigos GP LLC, UP Plaza Amigos LLC d/b/a Banditos Tex-Mex Cantina, Katy
Trail Ice House GP LLC, and Katy Trail Ice House LP, and Katy Trail Ice House LP, file this
Answer to Plaintiff’s Original Petition and Request for Disclosure (hereinafter referred to as
“Complaint”):
Pursuant to Federal Rule of Civil Procedure 8(b), Defendants respond to the allegations
I.
SUMMARY
Defendants deny the allegations contained within the Summary of the Complaint.
II.
JURISDICTION AND VENUE
1. Defendants admit that this Court has original jurisdiction to hear this Complaint
under the Fail Labor Standards Act, 29 U.S.C. § 201 et. seq. and that venue is proper in this
Court.
III.
PARTIES
2. Defendants admit only so much of Paragraph 2 of the Complaint that alleges that
the Complaint.
3. Defendants admit only so much of Paragraph 3 of the Complaint that alleges that
Joe Tillotson is an individual. Defendants deny the remaining allegations of paragraph 3 of the
Complaint.
4. Defendants admit only so much of Paragraph 4 of the Complaint that alleges that
5. Defendants admit only so much of Paragraph 5 of the Complaint that alleges that
Plano Amigos GP LLC is a Limited Liability Company. Defendants deny the remaining
6. Defendants admit only so much of Paragraph 6 of the Complaint that alleges that UP
Plaza Amigos LLC is a Limited Liability Company. Defendants deny the remaining allegations
7. Defendants admit only so much of Paragraph 7 of the Complaint that alleges that
Katy Trail Ice House LP is a Limited Partnership. Defendants deny the remaining allegations of
8. Defendants admit only so much of Paragraph 8 of the Complaint that alleges that
Katy Trail Ice House GP, LLC is a Limited Liability Company. Defendants deny the remaining
9. Defendants admit only so much of Paragraph 9 of the Complaint that alleges that
Plaintiff is a resident of Texas and works at Banditos Tex-Mex Cantina in Plano, Texas.
but to the extent that they require an answer, Defendants deny those allegations.
IV.
FACTUAL ALLEGATIONS
11. Defendants admit only so much of Paragraph 11 of the Complaint that alleges that
it has paid their hourly employees and hourly rate for each hour they worked. Defendants deny
12. The allegations of paragraph 12 of the Complaint state legal conclusions that
require no answer of Defendants, but to the extent that such allegations require an answer, they
are denied.
24. The allegations of paragraph 24 of the Complaint state legal conclusions that
require no answer of Defendants, but to the extent that such allegations require an answer, they
are denied.
27. The allegations of the first sentence of paragraph 27 of the Complaint state legal
conclusions that require no answer of Defendants, but to the extent that such allegations require
an answer, they are denied. Defendants deny the allegations of the second sentence of paragraph
27 of the Complaint.
Defendants but to the extent that they require an answer, Defendants deny those allegations.
Defendants but to the extent that they require an answer, Defendants deny those allegations.
V.
JURY DEMAND
34. Defendants hereby request a trial by jury pursuant to Rule 38 of the Federal Rules
of Civil Procedure.
1. The Complaint fails to state a claim upon which relief may be granted.
limitations.
1. Defendants invoke the defenses, protections and limitations of the Fair Labor
4. At all times, Defendants acted in good faith and had reasonable grounds for
5. Defendants did not know or show reckless disregard for whether their conduct
6. This action is barred to the extent Plaintiff seeks recovery for time that is not
paid or provided to Plaintiff by Defendants for periods in which Plaintiff was not engaged to
work.
8. To the extent that Plaintiff may seek punitive damages, Plaintiff’s recovery is
limited by applicable provisions of the FLSA and the Texas and/or United States Constitutions.
Any award of punitive damages to Plaintiff in this case would be in violation of the FLSA and
the constitutional safeguards provided to Defendants under the Constitution of the United States
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10. Plaintiff’s action is barred because he seeks to recover for time that is de minimus
11. To the extent Plaintiff seeks damages not recoverable under the FLSA, Plaintiff is
12. Without assuming the burden of proof, Plaintiffs were compensated for all hours
worked in excess of 40 hours in any particular workweek (as Plaintiffs themselves reported their
time worked) at a rate not less than that set forth by the overtime provisions of the FLSA.
13. Without assuming the burden of proof, Defendants complied with all
14. The Plaintiff’s claims are estopped by the submission of his/their own time
records, for which Defendants compensated them for all overtime worked and claimed.
15. The alleged time for which Plaintiffs seek compensation is irregular as well as
16. Without assuming the burden of proof, Plaintiffs and members of the purported
class or collective action are not similarly situated. The potential claims of the purported class
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18. Plaintiff’s claims are barred by the doctrines of waiver, estoppel and/or laches.
19. Some or all of Plaintiff’s claims are barred by accord and satisfaction, settlement
21. Defendants’ actions were in good faith conformity with and/or reliance on
Labor.
22. Defendants reserve the right to assert further affirmative defenses as they become
23. All actions taken by Defendants with respect to Plaintiff were supported by
PRAYER
deemed good and sufficient and all claims by Plaintiff against Defendants be dismissed, with
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prejudice, and such other and further relief, legal and equitable, including attorney’s fees, be
awarded Defendants.
Jeff Tillotson
State Bar No.
Alan Dabdoub
State Bar No. 24056836
LaKeisha F. Harmon
State Bar No. 24042237
LYNN TILLOTSON PINKER & COX, LLP
2100 Ross Avenue, Suite 2700
Dallas, Texas 75201
(214) 981-3800 - telephone
(214) 981-3839 – telecopier
CERTIFICATE OF SERVICE
The undersigned does hereby certify that a true and correct copy of this Defendants’
Certificate of Interested Persons was duly served upon Robert J. Wiley, Esq. and Justin G.
Manchester, ROB WILEY, P.C., 1825 Market Center Blvd., Suite 385, Dallas, Texas 75207 via
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