Case 8:13-cv-03084-JSM-AEP Document 17 Filed 01/14/14 Page 1 of 12 PageID 64 SHELENE JEAN-LOUIS, JUDES PETIT-FRERE, on behalf of themselves and others similarly situated, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION v. Plaintiffs, CASE NO. 8:13-cv-03084-JSM-AEP CLEAR SPRINGS FARMING, LLC, a Foreign Limited Liability Company, FLORIDA GOLD CITRUS, INC., a Florida Profit Corporation, JACK GREEN JR., individually, and HOWARD LEASING, INC, a Foreign Limited Liability Company, Defendants. _ DEFENDANTS CLEAR SPRINGS FARMING, LLC, FLORIDA GOLD CITRUS, INC., AND JACK GREEN S ANSWER AND AFFIRMATIVE DEFENSES TO THE COMPLAINT Co-Defendants Clear Springs Farming, LLC ( Clear Springs ), Florida Gold Citrus, Inc. ( Florida Gold ), and Jack Green (hereinafter collectively referred to as co- Defendants ), by and through their undersigned attorneys, hereby answer the Complaint, and say: As to the specific numbered paragraphs of the Complaint, Clear Springs says: 1. Admitted that this purports to be an action under 42 U.S.C. 1981, Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et. seq., and the Florida Civil Rights Act and that Plaintiffs seek the relief identified in the Complaint. The remaining allegations contained in paragraph one (1) are denied. Co-Defendants deny that Plaintiffs are entitled to any relief.
Case 8:13-cv-03084-JSM-AEP Document 17 Filed 01/14/14 Page 2 of 12 PageID 65 2. Admitted that this Court has jurisdiction and that Plaintiffs seek the relief identified in the Complaint. The remaining allegations contained in paragraph two (2) are denied. Co-Defendants deny that Plaintiffs are entitled to any relief. 3. Without knowledge therefore denied. 4. Admitted that venue is proper by virtue of the allegations of the Complaint, otherwise denied. 5. Denied. 6. Denied. 7. Without knowledge therefore denied. 8. Admitted that Clear Springs is a Foreign Limited Liability Company doing business in Florida and that it owns fruit groves in the state. The remaining allegations contained in paragraph eight (8) are denied. 9. Denied. 10. Admitted that Florida Gold is a Florida Profit Corporation doing business in and around Polk County, Florida and that it operates blueberry fields in Central Florida. Admitted that Clear Springs owns the land on which blueberries are raised and which are harvested by co-defendant Florida Gold Citrus. Admitted that Clear Springs contracts with Florida Gold to operate and manage Clear Springs blueberry farms. The remaining allegations contained in paragraph ten (10) are denied. 11. Denied. 12. Denied.. 2
Case 8:13-cv-03084-JSM-AEP Document 17 Filed 01/14/14 Page 3 of 12 PageID 66 13. Admitted that Defendant Howard Leasing performed limited services for Florida Gold Citrus, otherwise denied. 14. Denied. 15. Denied. 16. Co-Defendants hereby re-allege and incorporate by reference the answers set forth above to paragraphs 1 through 15 of the Complaint. 17. Admitted that this litigation attempts to assert a class action claim pursuant to Rule 23 of the Fed. R. Civ. P.; otherwise denied. 18. Denied. By virtue of the identification and listing in Paragraph 19 below, Plaintiffs have shown that they could list and join the listed persons as parties. 19. Without knowledge therefore denied. 20. Denied. 21. Denied. 22. Without knowledge therefore denied. 23. Without knowledge therefore denied. 24. Without knowledge therefore denied. 25. Denied. 26. Denied. 27. Co-Defendants hereby re-allege and incorporate by reference the answers set forth above to paragraphs 1 through 26 of the Complaint. 28. Denied. 29. Denied. 3
Case 8:13-cv-03084-JSM-AEP Document 17 Filed 01/14/14 Page 4 of 12 PageID 67 30. Denied. 31. Denied. 32. Denied. 33. Denied. 34. Denied. 35. Denied. 36. Denied. 37. Denied. 38. Denied. 39. Denied. 40. Denied. 41. Denied. 42. Denied. 43. Denied. 44. Denied. 45. Denied. 46. Denied. 47. Co-Defendants hereby re-allege and incorporate by reference the answers set forth above to paragraphs 1 through 45 of the Complaint 48. Denied. 49. Denied. 50. Denied. 4
Case 8:13-cv-03084-JSM-AEP Document 17 Filed 01/14/14 Page 5 of 12 PageID 68 51. Denied. Co-Defendants deny that Plaintiffs are entitled to any relief. 52. Denied. Co-Defendants deny that Plaintiffs are entitled to any relief. 53. Denied. Co-Defendants deny that Plaintiffs are entitled to any relief. 54. Denied. 55. Co-Defendants hereby re-allege and incorporate by reference the answers set forth above to paragraphs 1 through 45 of the Complaint. 56. Denied. 57. Denied. 58. Denied. 59. Denied. Co-Defendants deny that Plaintiffs are entitled to any relief. 60. Admitted. 61. Denied. 62. Denied. Co-Defendants deny that Plaintiffs are entitled to any relief. 63. Denied. 64. Co-Defendants hereby re-allege and incorporate by reference the answers set forth above to paragraphs 1 through 45 of the Complaint. 65. Denied. 66. Denied. 67. Denied. 68. Denied. Co-Defendants deny that Plaintiffs are entitled to any relief. 5
Case 8:13-cv-03084-JSM-AEP Document 17 Filed 01/14/14 Page 6 of 12 PageID 69 Co-Defendants deny the allegations set forth in the Prayer for Relief section and in the paragraph titled WHEREFORE immediately following paragraph 68 of the Complaint. All allegations of the Complaint not specifically admitted herein are denied. Co-Defendants, still urging and relying on matters hereinabove alleged, by way of further answer, and without waiver of any of the foregoing defenses and denials, further allege in the alternative by way of affirmative defenses: FIRST AFFIRMATIVE DEFENSE The Complaint fails to state a cause of action against co-defendant Clear Springs in that the allegations do not and cannot show that Plaintiffs were employed by Clear Springs Farming LLC or that the entity exercised dominion or control over the employment of Plaintiffs. SECOND AFFIRMATIVE DEFENSE Plaintiffs have failed to adequately allege the existence of an employment or business relationship to state a cause of action against co-defendant Clear Springs and as to this Defendant, the Complaint fails to state a cause of action. THIRD AFFIRMATIVE DEFENSE Any and all actions taken by co-defendants Clear Springs, Florida Gold and Jack Green were qualifiedly privileged as all such actions were taken to protect its legitimate business needs. 6
Case 8:13-cv-03084-JSM-AEP Document 17 Filed 01/14/14 Page 7 of 12 PageID 70 FOURTH AFFIRMATIVE DEFENSE Plaintiffs were, if ever employees of anyone, at-will employees and, therefore, Plaintiffs were subject to discharge at any time, with or without cause, so long as said discharge was not for an unlawful reason. FIFTH AFFIRMATIVE DEFENSE Co-Defendants Clear Springs, Florida Gold and Jack Green made good faith efforts to comply with the law and should not be liable for any discriminatory acts by its employees, whether managerial or not, or by agents of Defendants. SIXTH AFFIRMATIVE DEFENSE Co-Defendant s decisions made as to Plaintiffs employment, if any, were without consideration as to any protected activity, but if it is determined that any protected activity was a motivating factor in any decision, then co-defendants Clear Springs, Florida Gold and Jack Green assert that they would have reached the same result, regardless of any protected status or category of any Plaintiff, based upon the facts and circumstances of the case. SEVENTH AFFIRMATIVE DEFENSE Co-Defendants Clear Springs, Florida Gold and Jack Green believed in good faith that their conduct was in compliance with federal and state law. EIGHTH AFFIRMATIVE DEFENSE Co-Defendants Clear Springs, Florida Gold and Jack Green took all reasonable steps to make certain all of its actions were in compliance with federal and state law. 7
Case 8:13-cv-03084-JSM-AEP Document 17 Filed 01/14/14 Page 8 of 12 PageID 71 NINTH AFFIRMATIVE DEFENSE Each Plaintiffs claims for economic damages should be barred or limited by any after acquired evidence discovered in this case. TENTH AFFIRMATIVE DEFENSE To the extent Plaintiffs are unable to prove that co-defendants Clear Springs, Florida Gold and Jack Green knew or should have known of any discrimination, they are barred from recovering from co-defendants. ELEVENTH AFFIRMATIVE DEFENSE Any amount which any individual Plaintiff claims is due and owing to that Plaintiff for lost wages and other employment benefits must be mitigated and reduced by the amount of wages and benefits that Plaintiff earned (including unemployment compensation benefits), or through the exercise of reasonable diligence could have earned, during the period for which lost wages and benefits are sought by said Plaintiff. Plaintiffs further must individually mitigate all damages and to the extent Plaintiffs have failed to do so, Plaintiffs damage claims must be reduced. TWELFTH AFFIRMATIVE DEFENSE Plaintiffs are not similarly situated to other potential members of the alleged groups they purport to represent, the existence of which is expressly denied, and Plaintiffs are therefore an inadequate representative of the alleged groups of persons Plaintiffs purport to represent. 8
Case 8:13-cv-03084-JSM-AEP Document 17 Filed 01/14/14 Page 9 of 12 PageID 72 THIRTEENTH AFFIRMATIVE DEFENSE To the extent that Plaintiffs, or any of them, have made allegations in the Complaint or attempts to assert claims which relate to alleged acts of alleged discrimination not encompassed within a charge properly signed and filed with and investigated by the Equal Employment Opportunity Commission (EEOC) or any appropriate state or local agency, these claims and/or events are not properly before the courts, jurisdictionally or otherwise. In the event any charge was not properly signed or attested to, Plaintiffs have failed to perform conditions precedent to this action. FOURTEENTH AFFIRMATIVE DEFENSE Plaintiffs lack standing to raise some or all of the claims of the alleged groups of persons that Plaintiffs purport to represent, the existence of which is expressly denied. FIFTEENTH AFFIRMATIVE DEFENSE This action cannot be maintained as a collective or class action because the requirements for such an action cannot be met under the facts pleaded by Plaintiffs. SIXTEENTH AFFIRMATIVE DEFENSE Plaintiffs have not and cannot satisfy the prerequisites to maintain this lawsuit as a class action pursuant to Rule 23 of the Fed. R. Civ. P. SEVENTEENTH AFFIRMATIVE DEFENSE If any allegations of unlawful conduct are true, co-defendants employees or co- Defendants implicated in those allegations acted on their own, in violation of Defendants strict policies prohibiting such conduct, and acted outside the scope of their employment. 9
Case 8:13-cv-03084-JSM-AEP Document 17 Filed 01/14/14 Page 10 of 12 PageID 73 EIGHTEENTH AFFIRMATIVE DEFENSE Any compensatory or punitive damages are limited to the amounts authorized by Title VII of the Civil Rights Act, 42 U.S.C. 2000e et seq. or the Florida Civil Rights Act, Fla. Stat. 760.01 et seq. NINETEENTH AFFIRMATIVE DEFENSE To the extent Plaintiffs seek punitive damages, Plaintiffs have asserted no facts which would support a claim for punitive damages under Title VII or 42 U.S.C. 1981 et seq. TWENTIETH AFFIRMATIVE DEFENSE Any compensatory or punitive damages are limited to the amounts authorized by 42 U.S.C. 1981 (b)(1). TWENTY-FIRST AFFIRMATIVE DEFENSE Co-Defendants Clear Springs, Florida Gold and Jack Green are entitled to recover their costs of court and attorneys fees for the defense of Plaintiffs action because this action is frivolous and without foundation in law or in fact. Co-Defendants Clear Springs, Florida Gold and Jack Green reserve their right to amend this Answer and assert additional affirmative defenses as the claims of Plaintiffs are more fully disclosed in the course of discovery in this litigation. WHEREFORE, premises considered, co-defendants Clear Springs, Florida Gold and Jack Green pray this Court, upon hearing hereof, enter judgment as follows: 10
Case 8:13-cv-03084-JSM-AEP Document 17 Filed 01/14/14 Page 11 of 12 PageID 74 1. Ordering that Plaintiffs take nothing by this action; 2. Dismissing Plaintiffs Complaint and any claim therein in its entirety with prejudice; 3. Ordering that judgment be entered in co-defendants Clear Springs, Florida Gold and Jack Green s favor; 4. Awarding co-defendants Clear Springs, Florida Gold and Jack Green their attorneys fees against Plaintiffs pursuant to law; 5. Awarding costs to co-defendants Clear Springs, Florida Gold and Jack Green pursuant to the Federal Rules of Civil Procedure; and 6. Awarding co-defendants Clear Springs, Florida Gold and Jack Green such other relief, both at law and in equity, to which it may show itself to be justly entitled. Respectfully submitted this 14th of January, 2014. s/ John W. Campbell John W. Campbell, Esq., Fla. Bar No. 198021 jcampbell@constangy.com Doris M. Del-Castillo, Esq., Fla. Bar No. 0095947 ddelcastillo@constangy.com CONSTANGY, BROOKS & SMITH, LLP 100 North Tampa Street, Suite 3350 Post Office Box 1840 Tampa, Florida 33601-1840 (813) 223-7166 / Fax: (813) 223-2515 Attorneys for co-defendants Clear Springs Farming, LLC, Florida Gold Citrus, Inc. and Jack Green 11
Case 8:13-cv-03084-JSM-AEP Document 17 Filed 01/14/14 Page 12 of 12 PageID 75 CERTIFICATE OF SERVICE I hereby certify that on this 14th day of January 2014, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served on this day on all counsel of record or pro se parties identified below in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are not authorized to received electronically Notices of Electronic Filing. Ryan D. Barack, Esq. rbarack@ksblaw.com Michelle Nadeau, Esq. mnadeau@ksblaw.com Kwall, Showers & Barack, P.A. 133 N. Fort Harrison Ave. Clearwater, FL 33755 Attorneys for Plaintiffs Served via Electronic Transmission Bradley P. Rothman, Esq. brothman@weldonrothman.com Alexis M. Barkis, Esq. abarkis@weldonrothman.com Weldon & Rothman, PL 7935 Airport-Pulling Road N. Suite 205 Naples, FL 34109 Attorney for Plaintiffs Served via Electronic Transmission Brian D. Rubenstein, Esq. Brian.rubenstein@csklegal.com Cole, Scott & Kissane, P.A. 4301 W. Boy Scout Blvd. Suite 400 Tampa, FL 33607 Attorneys for Defendant Howard Leasing Served via Electronic Transmission s/ John W. Campbell Attorneys for co-defendants Clear Springs Farming, LLC, Florida Gold Citrus, Inc. and Jack Green 12