Case 8:13-cv EAK-TBM Document 14 Filed 05/20/13 Page 1 of 7 PageID 49 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

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1 Case 8:13-cv EAK-TBM Document 14 Filed 05/20/13 Page 1 of 7 PageID 49 SUZANNE RAWLINS, Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION v. Case No.: 8:13-cv-1060-EAK-TBM PHYSICIANS UNITED PLAN, INC., Defendant. / ANSWER AND DEFENSES TO COMPLAINT COMES NOW Defendant Physicians United Plan, Inc. and answers the Complaint filed by Plaintiff Suzanne Rawlins and says: JURISDICTION AND VENUE 1. Defendant admits that Plaintiff purports to bring an action for damages in excess of $15,000, exclusive of attorneys fees, but denies that Plaintiff is entitled to any damages, costs or interest whatsoever. 2. Defendant admits that venue is proper in the Middle District of Florida, Tampa Division, but denies that any events giving rise to the claim occurred. PARTIES 3. Defendant is without sufficient knowledge to admit or deny Plaintiff s residence. 4. Defendant admits that it is a Florida for-profit corporation licensed to do business in Pinellas County, Florida. Defendant denies the remaining allegations contained in Paragraph 4 of the Complaint. 1

2 Case 8:13-cv EAK-TBM Document 14 Filed 05/20/13 Page 2 of 7 PageID The allegations contained in Paragraph 5 of the Complaint are legal conclusions which do not require a response. To the extent a response is required, Defendant denies the allegations contained in Paragraph 5 of the Complaint. GENERAL ALLEGATIONS 6. Denied. 7. Denied. 8. Denied. FACTUAL ALLEGATIONS 9. Admitted. 10. Denied. 11. Defendant admits that Plaintiff was assigned to Marion County when she was hired. Defendant is without sufficient knowledge to admit or deny the allegations that As RAWLINS has sold Medicare Advantage Plans for several years, she had many existing clients and doctor contacts in Pinellas County. The remaining allegations contained in Paragraph 11 of the Complaint are denied. 12. Defendant admits that Plaintiff requested that Defendant fund a marketing presentation specifically tailored to the blind. The remaining allegations contained in Paragraph 12 of the Complaint are denied. 13. Denied. 14. Admitted that Plaintiff was not allowed to sell Medicare Advantage Plans outside of her assigned territory. The remaining allegations contained in Paragraph 14 of the Complaint are denied. 2

3 Case 8:13-cv EAK-TBM Document 14 Filed 05/20/13 Page 3 of 7 PageID Denied. 16. Denied. 17. Denied. 18. Admitted that Plaintiff sent an addressed to David Gay on or about April 9, The remaining allegations contained in Paragraph 18 of the Complaint are denied. 19. Defendant is without sufficient knowledge to admit or deny the allegations contained in Paragraph 19 of the Complaint. 20. Defendant is without sufficient knowledge to admit or deny the allegations contained in Paragraph 20 of the Complaint. 21. Admitted that Plaintiff was granted leave under the Family and Medical Leave Act from June 8, 2012 to September 3, The remaining allegations contained in Paragraph 20 of the Complaint are denied. 22. Denied. 23. Denied. 24. Denied. 25. Denied. 26. Admitted. COUNT I FLORIDA PRIVATE WHISTLEBLOWER S ACT 27. Defendant incorporates its responses to Paragraphs 1 through 26 as if fully restated herein. 28. Defendant admits that Plaintiff purports to bring an action for damages pursuant to Fla. Stat , et seq., which is often referred to as Florida s Private 3

4 Case 8:13-cv EAK-TBM Document 14 Filed 05/20/13 Page 4 of 7 PageID 52 Whistleblower s Act. Defendant denies that Plaintiff can substantiate such a claim and further denies that Plaintiff is entitled to any damages. 29. Denied. 30. Denied. 31. Denied. 32. Denied. 33. Denied. Defendant denies that Plaintiff is entitled to any of the relief requested in the WHEREFORE clause on page 6 of her Complaint, including all of its subparts. COUNT II FAMILY MEDICAL LEAVE ACT INTERFERENCE 34. Defendant incorporates its responses to Paragraphs 1 through 10 and 19 through 26 as if fully restated herein. 35. Defendant admits that Plaintiff was employed by Defendant for more than one year. Defendant is without sufficient knowledge to admit or deny the remaining allegations contained in Paragraph 35 of the Complaint. 36. Admitted. 37. The allegations contained in Paragraph 37 of the Complaint are legal conclusions which do not require a response. To the extent a response is required, Defendant denies the allegations contained in Paragraph 37 of the Complaint. 38. Denied. 39. Denied. 40. Denied. 4

5 Case 8:13-cv EAK-TBM Document 14 Filed 05/20/13 Page 5 of 7 PageID 53 Defendant denies that Plaintiff is entitled to any of the relief requested in the WHEREFORE clause on page 7 of her Complaint, including all of its subparts. COUNT III FAMILY MEDICAL LEAVE ACT RETALIATION 41. Defendant incorporates its responses to Paragraphs 1 through 10 and 19 through 26 as if fully restated herein. 42. Denied. 43. Denied. 44. Denied. Defendant denies that Plaintiff is entitled to any of the relief requested in the WHEREFORE clause on pages 7 and 8 of her Complaint, including all of its subparts. DEMAND FOR JURY TRIAL Defendant denies that Plaintiff is entitled to a jury trial because Defendant is entitled to judgment as a matter of law. DEFENSES 1. Upon information and belief, Plaintiff s damages, if any, must be reduced, in whole or in part, because Plaintiff failed to take reasonable steps to mitigate her damages. 2. Any actions undertaken by Defendant with regard to Plaintiff were taken for legitimate, non-retaliatory business reasons. 3. Defendant asserts that, at all material times hereto, it had reasonable procedures in place to prevent and cure any retaliatory practices, and Plaintiff failed to make use of such mechanisms. 4. Defendant has made good-faith efforts to prevent retaliation in its workplace, and thus, cannot be liable for the decisions of its agents to the extent the challenged 5

6 Case 8:13-cv EAK-TBM Document 14 Filed 05/20/13 Page 6 of 7 PageID 54 employment decision was contrary to its efforts to comply with anti-retaliation statutes. 5. Plaintiff s interim earnings, or amounts she could have earned with reasonable diligence, should reduce any back pay otherwise recoverable by Plaintiff. 6. Plaintiff s claims are barred to the extent discovery shows she engaged in misconduct prior to, during, or concurrent with her employment that otherwise would have resulted in her discharge if such conduct were then known to Defendant. 7. Plaintiff s claim for liquidated damages should be denied, in whole or in part, because in the event violations of the Family and Medical Leave Act ( FMLA ) did occur, which they did not, Defendant s actions were not willful, but were taken in good faith, and were based on reasonable grounds for believing the actions were not violations of the FMLA. 8. Plaintiff received all of the leave she requested and/or was entitled to under the FMLA while employed by Defendant. 9. Plaintiff s claims are barred, in whole or in part, based on the doctrines of waiver and estoppel because of her course of conduct during her employment. 10. Plaintiff has filed and brought this action in bad faith because she is aware of the true reasons for the termination of her employment. 11. Plaintiff did not engage in protected activity under Fla. Stat while employed by Defendant. 12. Defendant did not violate any law, rule or regulation cited in the Complaint. DATED: May 20, Respectfully submitted by, /s/amanda E. Ballard, Esq. 6

7 Case 8:13-cv EAK-TBM Document 14 Filed 05/20/13 Page 7 of 7 PageID 55 Barnett Q. Brooks, Esq. Fla. Bar No.: barnett.brooks@jacksonlewis.com Amanda E. Ballard, Esq. Florida Bar No amanda.ballard@jacksonlewis.com JACKSON LEWIS LLP 2202 N. Westshore Blvd., Suite 200 Tampa, FL Telephone: (813) Facsimile: (813) Attorneys for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this May 20, 2013, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system, which will electronically serve a copy upon Plaintiff s counsel, Christopher Gray, Wolfgang Florin and Rachael Wood. I FURTHER CERTIFY that a true and correct copy of the foregoing will be sent via U.S. Mail to the following Non-CM/ECF Participants: None. /s/amanda E. Ballard, Esq. Attorney 7