IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY

Transcription

1 The Honorable Johanna Bender 0 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY SCOTT JUDD, an individual; YING YANG, an individual; JIAN SONG, an individual; KINCHUN SO, an individual; and SHUN KIT RAYMOND CHAI, an individual, vs. Plaintiffs, SWISSPORT USA, INC., a foreign corporation, Defendant. Case No SEA DEFENDANT S ANSWER AND AFFIRMATIVE DEFENSES TO CLASS ACTION COMPLAINT 0 Defendant Swissport USA, Inc. hereby provides its answer and asserts its defenses and affirmative defenses to the Class Action Complaint of Plaintiffs Scott Judd, Ying Yang, Jian Song, Kinchun So and Shun Kit Raymond Chai (collectively Plaintiffs ) as follows: I. ANSWER. Defendant admits that Plaintiffs have filed a lawsuit on behalf of themselves and others alleging violation of the SeaTac Ordinance and unjust enrichment as alleged in Paragraph of the Class Action Complaint, but lacks knowledge and information sufficient to form a belief to admit or deny the remaining allegations contained in that paragraph and therefore denies the same. Defendant affirmatively alleges that it is not liable for the alleged conduct. DEFENSES TO CLASS ACTION COMPLAINT- 0 S.E. th Street, Suite Bellevue, Washington 00 Tel: () - Fax:() -00

2 0 0. Defendant denies the allegations contained in Paragraphs and of the Class Action Complaint.. Defendant is without knowledge to admit or deny the allegations contained in the first sentence of Paragraph of the Class Action Complaint and therefore denies the same. Defendant denies the allegations contained in the second sentence of that paragraph. Plaintiff Scott Judd was employed by a non-party as a fueler at $.0 per hour from October, 0 until February, 0 when he quit.. Defendant is without knowledge to admit or deny the allegations contained in the first sentence of Paragraph of the Class Action Complaint and therefore denies the same. Plaintiff Ying Yang was employed as a passenger agent at $.00 per hour from December, 0 until February, 0 when she was terminated. Defendant denies the remaining allegations contained in that paragraph.. Defendant is without knowledge to admit or deny the allegations contained in the first sentence of Paragraph of the Class Action Complaint and therefore denies the same. Plaintiff Jian Song was employed as a passenger agent at $.00 per hour from May, 0 until February, 0 when he was terminated. Defendant deny the remaining allegations contained in that paragraph.. Defendant is without knowledge to admit or deny the allegations contained in the first sentence of Paragraph of the Class Action Complaint and therefore denies the same. Plaintiff Kinchun So was employed as a passenger agent at $.00 per hour from July, 0 until February, 0 when he was terminated. Defendant denies the remaining allegations contained in that paragraph.. Defendant is without knowledge to admit or deny the allegations contained in the first sentence of Paragraph of the Class Action Complaint and therefore denies the same. Plaintiff Shun Kit Raymond Chai was employed as a passenger agent at $.00 per hour from DEFENSES TO CLASS ACTION COMPLAINT- 0 S.E. th Street, Suite Bellevue, Washington 00 Tel: () - Fax:() -00

3 May, 0 until December, 0 when he quit. allegations contained in that paragraph. Defendant denies the remaining 0 0. Defendant admits denies the allegations contained in the first sentence of Paragraph of the Class Action Complaint. Defendant admits that it employs ground handling service workers at Seattle-Tacoma International Airport as alleged in the second sentence. All other allegations are denied.. Defendant admits that a non-party Swissport International provides the quoted language on its webpage as alleged in in Paragraph 0 of the Class Action Complaint. All other allegations are denied. 0. Defendant admits that employed some of the Plaintiffs as alleged in Paragraph of the Class Action Complaint. Defendant does not know who constitutes the Class and therefore cannot admit or deny that allegation in the paragraph.. Defendant admits the allegations in the first sentence of Paragraph of the Class Action Complaint. Defendant denies the allegations in the second sentence of that paragraph. Defendant admits the allegations contained in the third sentence of that paragraph.. Defendant admits the allegations contained in Paragraphs through 0 of the Class Action Complaint, except that the minimum wage for 0 was $... Defendant denies the allegations contained in Paragraph of the Class Action Complaint.. Defendant admits the allegations contained in Paragraphs of the Class Action Complaint except that plaintiff Judd did not work for defendant.. Defendant denies the allegations contained in Paragraph of the Class Action Complaint.. Defendant admits that Plaintiffs bring a class action pursuant to Civil Rule under the SeaTac Ordinance as alleged in Paragraph of the Class Action Complaint. DEFENSES TO CLASS ACTION COMPLAINT- 0 S.E. th Street, Suite Bellevue, Washington 00 Tel: () - Fax:() -00

4 0 0 Defendant denies that a class action is appropriate or that it is liable in whole or in part under said Ordinance.. Defendant denies the allegations contained in Paragraphs through of the Class Action Complaint.. Defendant admits the allegations contained in Paragraphs through of the Class Action Complaint.. Defendant denies the allegations contained in Paragraphs through 0 of the Class Action Complaint. 0. Defendant denies that Plaintiffs are entitled to the relief sought in Paragraphs A through G of the Prayer for Relief in the Class Action Complaint. Defendant also denies that Plaintiffs or any members of their putative class were damaged by Defendant or are entitled to any form of damages or other relief. Defendant further denies that the present action is appropriately pursued as, or meets the requirements for proceeding as, a class action. II. DEFENSES AND AFFIRMATIVE DEFENSES Having fully answered Plaintiffs Class Action Complaint, Defendant pleads the following defenses and affirmative defenses, without waiving any arguments that it may be entitled to assert concerning the burden of proof, legal presumptions, or other legal characterizations. Defendant expressly disclaims any burden of proof or burden of going forward not otherwise imposed upon it by law.. Plaintiffs Class Action Complaint fails to state a claim against Defendant upon which relief may be granted.. Plaintiffs claims are preempted under federal labor law and/or the Airline Deregulation Act, and/or the Commerce Clause of the United States Constitution.. Some or all of Plaintiffs claims against Defendant for themselves or for members of their proposed class are barred due to bona fide dispute(s) concerning the obligation of payment under the at-issue Ordinance. DEFENSES TO CLASS ACTION COMPLAINT- 0 S.E. th Street, Suite Bellevue, Washington 00 Tel: () - Fax:() -00

5 0 0. Plaintiffs and/or any putative class members are not entitled to double damages because Defendant did not willfully withhold or fail to pay wages or acted in good faith and upon a reasonable belief that its actions did not violate applicable laws alleged in the Class Action Complaint.. Defendant is not liable for double or exemplary damages because Plaintiffs and/or any putative class members knowingly submitted to the withholding of wages.. Some or all of Plaintiffs claims against Defendant for themselves or for members of the putative class are barred because one or more of the Plaintiffs, or some or all of the putative class members, knowingly submitted to some or all of the conduct by Defendant that Plaintiffs challenge in the Class Action Complaint.. If either of the Plaintiffs or any of the putative class members have sustained any damages from conduct by Defendant, which Defendant dispute, then some or all of these alleged damages may have been proximately caused by other individuals or entities for whom Defendant is not legally responsible.. The Class Action Complaint and its putative causes of action are barred, in whole or in part, because Plaintiffs and/or any putative class members failed to use reasonable diligence or due care to avoid the alleged harm.. The Class Action Complaint, and each and every claim for relief contained therein, is barred, in whole or in part, to the extent that damages, if any, resulted from the acts and/or omissions of Plaintiffs. 0. Some or all of the disputed time for which Plaintiffs and/or members of the putative class seek recovery of wages purportedly owed is not compensable pursuant to the de minimis doctrine.. Plaintiffs and/or the putative class members are precluded from recovering any amounts from Defendant because it have paid all sums legally due under federal and Washington law. DEFENSES TO CLASS ACTION COMPLAINT- 0 S.E. th Street, Suite Bellevue, Washington 00 Tel: () - Fax:() -00

6 0 0. This action is not properly maintainable as a class action, because Plaintiffs cannot establish all the elements necessary for class certification in that, among other things: common issues of fact or law do not predominate, to the contrary, individual issues predominate; Plaintiffs claims are not representative or typical of the claims of the putative class; Plaintiffs are not proper class representatives; Plaintiffs and alleged putative class counsel are not adequate representatives for the alleged putative class; there does not exist a well-defined community of interest as to the questions of law and fact involved; the putative class is sufficiently manageable without implementing the class action mechanism and, therefore, it is not the superior method for adjudicating this dispute; and, the alleged putative class is not ascertainable, nor are its members identifiable.. The Class Action Complaint, and each and every cause of action alleged therein, is barred, in whole or in part, to the extent that Plaintiffs cannot establish all the elements necessary for class certification, they do not have standing with respect to the claims and are not competent to represent the interests of others.. This action is not properly maintainable as a class action, because Plaintiffs claims are unique to Plaintiffs so they are incapable of adequately representing the putative class.. Class or subclass certification would be inappropriate due to conflicts of interest between Plaintiffs and putative class or subclass members, or between and among putative class or subclass members. Defendant reserved the right to assert by supplemental pleading any defenses, affirmative defense, counterclaim or cross-claim which matures or is acquired by one or more of them subsequent to this Answer. III. DEFENDANT S PRAYER FOR RELIEF THEREFORE, having fully answered the Class Action Complaint, Defendant prays for judgment against the Plaintiffs as follows:. That Plaintiffs claims be dismissed with prejudice; DEFENSES TO CLASS ACTION COMPLAINT- 0 S.E. th Street, Suite Bellevue, Washington 00 Tel: () - Fax:() -00

7 . That Plaintiffs class allegations be stricken from the Complaint;. That Defendant be awarded its reasonable costs and disbursements herein, including attorneys fees pursuant to Chapter. RCW or as otherwise allowed by law; and. That Defendant be awarded such other and further relief as the Court deems just and proper. 0 0 DATED this th day of May, 0. By: /s/ Darren A. Feider Jeffrey James, WSBA # Darren A. Feider, WSBA #0 Sebris Busto James 0 SE th Street, Suite Bellevue, WA 00 Phone: -- jaj@sebrisbusto.com dfeider@sebrisbusto.com DEFENSES TO CLASS ACTION COMPLAINT- 0 S.E. th Street, Suite Bellevue, Washington 00 Tel: () - Fax:() -00

8 CERTIFICATE OF SERVICE I, Holly Holman, certify under penalty of perjury under the laws of the United States and of the State of Washington that, on May, 0, I caused to be served the document to which this is attached to the parties listed below in the manner shown next to their names: 0 0 ATTORNEYS FOR PLAINTIFFS: Duncan Turner, WSBA #0 Badgley Mullins Turner PLLC Ballinger Way NE, Suite 00 Seattle, WA duncanturner@badgleymullins.com Cleveland Stockmeyer, WSBA # Cleveland Stockmeyer PLLC 0 Sunnyside Ave. N. Seattle, WA 0 cleve@clevelandstockmeyer.com Daniel R. Whitmore, WSBA #0 Law Office of Daniel R. Whitmore th Avenue West, Suite 00 Seattle, WA dan@whitmorelawfirm.com [ ] By United States Mail [ ] By Legal Messenger [ ] By Facsimile [ ] By Federal Express [ ] By Hand Delivery [X] By Electronic Mail /s/ Holly Holman Holly Holman DEFENSES TO CLASS ACTION COMPLAINT- 0 S.E. th Street, Suite Bellevue, Washington 00 Tel: () - Fax:() -00