Case Document 40 Filed 11/23/11 Page 1 of 17 PageID 448 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION MARISELA VALDEZ HUERTA, CINDY CIVIL ACTION NO. ALEJANDRA CABRERA HUICHO, ISY ELIZABETH GONZALEZ VALENZUELA, PERLA YASMIN HUERTA, MARTA ICELA FLORES GAXIOLA, MIRIAM TALAMANTE, AURORA MENDIVIL ARMENTA JUDGE RICHARD T. HAIK, SR. VERSUS s-a-a L. T. WEST, INC, JAMES CRAIG WEST, LUCAS TRov WEST, CATHERINE WEST, ROBERT MCGEE, LUCAS LAVERGNE MAGISTRATE JUDGE C. MICRAELHILL ANSWER TO COMPLAINT RY L.T. WEST. JAMES CRAIG WEST, LUCAS TROY WEST AND CATHERINE WEST NOW COMES, L. T- WEST, INC, JAMES CRAIG WEST, LUCAS TROY WEST AND CATHERINE WEST, hereinafter collectively referred to as ?Defendants? who Plaintiffs' Complaint as follows: FIRST DEFENSE The Complaint fails to state a claim upon which relief can be granted, in whole or in part. SECOND DEFENSE All actions taken by Defendants were in good faith. THIRD DEFENSE Defendants assert that eireumstanees beyond their control, or ?acts of God?, affected the period of work available for Plaintiffs, thus making compliance with the alleged contract impossible. 3234163-1 Case Document 40 Filed 11/23/11 Page 2 of 17 PageID 449 FOURTH DEFENSE Some or all of the Plaintiffs failed to meet their obligations to Defendants pursuant to the H2A visa guidelines and any contract between the parties. FIFTH DEFENSE Plaintiffs have waived their right to and/or are estopped from asserting all or some the claims included in the Complaint. SIXTH DEFENSE Defendants assert all exemptions that may apply to the work of Plaintiffs made the subject of the Complaint. SEVENTH DEFENSE Without admitting that they did, to the extent that any individual Defendants are found to have engaged in acts found to be unlauful, inappropriate or actionable, those acts were not approved or known by the other Defendants, and said acts were outside the proper course and scope of employment and/or were outside the scope of employment, thus negating any respondeat superior or vicarious liability by those Defendants not involved in said acts. EIGHT DEFENSE No constitutional claims, or other claims limited to governmental actors, federal or state, can be asserted against Defendants, inasmuch as they are private citizens. NINTH DEFENSE Defendants intended no harm to Plaintiffs in any of their actions taken. TENTH DEFENSE Defendants engaged in no actions that were not Welcomed, encouraged, and consented to by Plaintiffs. 3234168J Case Document 40 Filed 11/23/11 Page 3 of 17 PageID 450 ELEVENTH DEFENSE Plaintiffs have failed to exhaust their administrative remedies required as a condition precedent to bringing some of the claims herein, thus those claims are premature and must be dismissed. TWELFTH DEFENSE One or more of Plaintiffs abandoned employment. THIRTEENTH DEFENSE Defendants assert that no negligence, fault or strict liability can be imputed to them. DEFENSE Defendants assert the defenses of comparative negligence and assumption of the risk. DEFENSE Plaintiffs failed to mitigate their damages. SIXTEENTH DEFENSE There is no justification for the award of punitive or exemplary damages against Defendants in this matter. SEVENTEENTH DEFENSE Defendants plead all defenses and immunities provided to them by all federal immigration or work program statutes cited by Plaintiffs. EIGHTEENTH DEFENSE Defendants never acted or failed to act in conspiracy with anyone to harm or violate any of the Plaintiffs? rights. LIJ 32341158.] Case Document 40 Filed 11/23/11 Page 4 of 17 PageID 451 RESPONSES TO SPECIFIC ALLEGATIONS OF COMPLAINT And now, by way of further response to the allegations contained in the Complaint, and without waiving any of the foregoing defenses, Defendants state as follows: 1. Except to deny that the action brought by Plaintiff?s has any merit, Defendants admit the allegations of Paragraph 1 of the Complaint. 2. With regard to the allegations of Paragraph 2 of the Complaint, Defendants admit the allegations of the first sentence, but deny the allegations contained in the second and third sentences. 3. Defendants deny the allegations of Paragraph 3 of the Complaint. 4. With regard to the allegations of Paragraph 4 of the Complaint, Defendants admit the nature of the action, but deny any violation of the laws referenced therein. 5. Defendants admit the allegations of Paragraph 5 of the Complaint. 6. Defendants deny the allegations of Paragraph 6 of the Complaint. 7. Except to deny that certain events alleged ever occurred, Defendants admit the allegations of Paragraph 7 of the Complaint. 3234163.! Case Document 40 Filed 11/23/11 Page 5 of 17 PageID 452 8. Defendants admit. the allegations of Paragraph 3 of the Complaint. 9. Defendants admit the allegations of Paragraph 9 of the Complaint. 10. Defendants admit the allegations of Paragraph 10 of the Complaint. ll. Defendants admit the allegations of Paragraph 11 of the Complaint. 1,2- Defendants admit the allegations of Paragraph 12 of the Complaint. 13. Defendants admit the allegations of Paragraph 13 of the Complaint. 14. With regard to the allegations of Paragraph 14 of the Complaint, Defendants deny the allegations of the first sentence, but admit the allegations of the second sentence. l5. Defendants admit the allegations of Paragraph 15 of the Complaint. 1 6. Defendants deny the allegations of Paragraph 16 of the Complaint for lack of sufficient infonnation upon which to form a belief as to the truth thereof 17. Defendants deny the allegations of Paragraph 17 of the Complaint for lack. of sufficient information upon which to form a belief as to the truth thereof. 3234163J Case Document 40 Filed 11/23/11 Page 6 of 17 PageID 453 18. Defendants deny the allegations of Paragraph 18 of the Complaint: as stated. 19. Defendants admit the allegations of Paragraph 19 of the Complaint. 20. Defendants admit the allegations of Paragraph 20 of the Complaint. 21. Defendants admit the allegations of Paragraph 21 of the Complaint. 22. With regard to the allegations of Paragraph 22 of the Complaint: Defendants neither admit or deny same, sinee the content of the clearance order, Exhibit A to the Complaint: is the best evidence of what it states. 23. Defendants deny the allegations of Paragraph 23 of the Complaint: as stated. I 24. Defendants deny the allegations of Paragraph 24 of the Complaint? as stated. 25. Defendants deny the allegations of Paragraph 25 of the Complaint, as stated. 26. Defendants deny the allegations of Paragraph 26 of the Complaint for leek of Suf?cient information upon whieh to form a belief as to the truth thereof. 3234163.! Case Document 40 Filed 11/23/11 Page 7 of 17 PageID 454 27. Defendants deny the allegations of Paragraph 27 of the Complaint for lack of sufficient information upon which to form a belief as to the truth thereof. 28. Defendants deny the allegations of Paragraph 28 of the Complaint for lack of sufficient information upon which to form a belief as to the truth thereof. 29. With regard to the allegations of Paragraph 29, Defendants admit the allegations of the first sentence, but deny the allegations of the second sentence for lack of sufficient information upon which to form a belief as to the truth thereof. 30. Defendants admit the allegations of Paragraph 30 of the Complaint.- 31. Defendants deny the allegations of Paragraph 31 of the Complaint. 32. Defendants admit the allegations of Paragraph 32 of the Complaint. 33. Defendants admit the allegations of Paragraph 33 of the Complaint. 34. Defendants admit the allegations of Paragraph 34 of the Complaint? except those referring to Paragraph 22, which'refer to Exhibit A to the Complaint, which is the best evidence of what is stated therein. 3234l63.l Case Document 40 Filed 11/23/11 Page 8 of 17 PageID 455 35. Defendants deny the allegations of Paragraph 35 of the Complaint. 36. Defendants deny the allegations of Paragraph 36 of the Complaint for lack of sufficient information upon which to form a belicf as to the truth thereof. 37. Defendants deny the allegations of Paragraph 37 of the Complaint for lack of sufficient information upon which to form a belief as to the truth thereof. 38. Defendants admit the allegations of Paragraph 38 of the Complaint. 39. Defendants deny the allegations of Paragraph 39 of the Complaint for lack of sufficient information upon which to form a belief as to the truth thereof. 40. Defendants deny the allegations of Paragraph 40 of the Complaint for lack of Suf?cient information upon which to form a belief as to the truth thereof. 41. Defendants deny the allegations of Paragraph 41 of the Complaint, as stated. 42. Defendants admit the allegations of Paragraph 42 of the Complaint, however, Defendants made it available for review by Plaintiffs, and Defendants do not know if Plaintiffs secured a copy of the clearance order from other sources. 3234168J Case Document 40 Filed 11/23/11 Page 9 of 17 PageID 456 43. Defendants deny the allegations of Paragraph 43 of the Complaint, as stated. 44- Defendants deny the allegations ofParagraph 44 of the Complaint. 45. Defendants deny the allegations of Paragraph 45 of the Complaint. 46. Defendants deny the allegations of Paragraph 46 of the Complaint, as stated. 47. Defendants deny the allegations of Paragraph 47 of the Complaint- 43. With regard to the allegations of Paragraph 48 of the Complaint, Defendants admit the allegations of the first sentence, but deny the allegations of the second, third, and fourth sentences. 49. Defendants deny the allegations of Paragraph 49 of the Complaint. 50. Defendants deny the allegations of Paragraph 50 of the Complaint. 51. Defendants deny the allegations of Paragraph 51 of the Complaint. 52. Defendants deny the allegations of Paragraph 52 of the Complaint. Case Document 40 Filed 11/23/11 Page 10 of 17 PageID 457 53. Defendants deny the allegations of Paragraph 53 of the Complaint. 54. Defendants deny the allegations of Paragraph 54 of the Complaint, as stated. 55- Defendants deny the allegations of Paragraph 55 of the Complaint. 56. Defendants deny the allegations of Paragraph 56 of the Complaint, as stated. 57. Defendants deny the allegations of Paragraph 57 of the Complaint. 38. Defendants deny the allegations of Paragraph 53 of the Complaint, as stated. 59- Defendants deny the allegations of Paragraph 59 of the Complaint for lack of Suf?Cient information upon which to form a belief as to the truth thereof. 60- Defendants deny the allegations of Paragraph 60 of the Complaint. 61. Defendants deny the allegations of Paragraph 61 of the Complaint. 62. Defendants deny the allegations of Paragraph 62 of the Complaint. 63. Defendants deny the allegations of Paragraph 63 of the Complaint. 3234168J Case Document 40 Filed 11/23/11 Page 11 of 17 PageID 458 64. Defendants deny the allegations of Paragraph 64 of the Complaint. 65. Defendants deny the allegations of Paragraph 65 of the Complaint. 66. Defendants deny the allegations of Paragraph 66 of the Complaint. 67. Defendants deny the allegations of Paragraph 67 of the Complaint. 68. Defendants deny the allegations of Paragraph 68 of the Complaint. 69. Defendants deny the allegations of Paragraph 69 of the Complaint. 70. Defendants deny the allegations of Paragraph 70 of the Complaint. 71. Defendants deny the allegations of Paragraph 71 of the Complaint. 72. Defendants deny the allegations of Paragraph 72 of the Complaint for lack of suf?cient information upon which to form a belief as to the truth thereof. 73. Defendants deny the allegations of Paragraph 73 of the Complaint. 74. Defendants deny the allegations of Paragraph 74 of the Complaint. 1 323M661 Case Document 40 Filed 11/23/11 Page 12 of 17 PageID 459 75. Defendants deny the allegations of Paragraph 75 of the Complaint. 76. Defendants deny the allegations of Paragraph 76 of the Complaint- 77. Defendants deny the allegations of Paragraph 77 of the Complaint. 78. Defendants admit the allegations of Paragraph 78 of the Complaint. 79. With regard to the allegations of Paragraph 79 of the Complaint. Defendants admit the allegations of the first sentence, but deny the allegations of the second sentence based on information and belief. 80. Defendants deny the allegations of Paragraph 80 of the Complaint based on lack of suf?cient information upon which to form a belief as to the truth thereof. 81. Defendants deny the allegations of Paragraph 81 of the Complaint: as stated. 32. Defendants deny the allegations of Paragraph 82 of the Complaint? as stated. 83. Defendants deny the allegations of Paragraph 83 of the Complaint. 3234168.] Case Document 40 Filed 11/23/11 Page 13 of 17 PageID 460 84. Defendants deny the allegations of Paragraph 84 of the Complaint based on lack of sufficient information upon which to form a belief as to the truth thereof. 85. Defendants deny the allegations of Paragraph 85 of the Complaint based on lack of Sufficient information upon which to form a belief as to the truth thereof. 86. Defendants deny the allegations of Paragraph 86 of the Complaint based on lack. of sufficient information upon which to form a belief as to the truth thereof. 87. Defendants deny the allegations of Paragraph 87 of the Complaint based on lack of sufficient information upon which to form a belief as to the truth thereof. 88. Defendants deny the allegations of Paragraph 88 of the Complaint based on lack. of suf?cient information upon which to form a belief as to the truth thereof. 89. Defendants deny the allegations of Paragraph 89 of the Complaint based on lack of sufficient information upon which to form a belief as to the truth thereof. 90. Defendants deny the allegations of Paragraph 84 of the Complaint based on lack of sufficient information upon which to form a belief as to the truth thereof. 13 3234168.! Case Document 40 Filed 11/23/11 Page 14 of 17 PageID 461 91. Defendants deny the allegations of Paragraph 91 of the Complaint based on laclr. of sufficient information upon which to form a belief as to the truth thereof. 92. Defendants deny the allegations of Paragraph 92 of the Complaint, as stated. 93. Based on information and belief, Defendants admit the allegations of Paragraph 93 of the Complaint. 94. Defendants deny the allegations of Paragraph 94 of the Complaint. 95. Defendants deny the allegations of Paragraph 95 of the Complaint, as stated. 96. With regard to the allegations of Paragraph 96 of the Complaint: Defendants admit the allegations of the ?rst sentence? but deny the allegations of the second sentence. 97. Defendants deny the allegations of Paragraph 97 of the Complaint. as stated. 93-102. Defendants deny the allegations of Paragraphs 93-102 of the Complaint based on lack of sufficient information upon which to form a belief as to the truth thereof. 103. Defendants deny the allegations of Paragraph 103 of the Complaint. 14 3234168.] Case Document 40 Filed 11/23/11 Page 15 of 17 PageID 462 104. Defendants deny the allegations of Paragraph 104 of the Complaint based on lack of sufficient information upon which to form a belief as to the truth thereof. 105. Defendants deny the allegations of Paragraph 105 of the Complaint based on lack of sufficient information upon which to form a belief as to the truth thereof. 106. Defendants admit the allegations of Paragraph 106 of the Complaint. 107. Defendants deny the allegations of Paragraph 107 of the Complaint, as stated. 108. Defendants deny the allegations of Paragraph 103' of the Complaint based on lack of sufficient information upon which to form a belief as to the truth thereof. 109. Defendants deny the allegations of Paragraph 109 of the Complaint based on lacl; of sufficient information upon which to form a belief as to the truth thereof. 110- Defendants deny the allegations of Paragraph 110 of the Complaint based on lack of sufficient information upon which to form a belief as to the truth thereof. 111- Defendants deny the allegations ofl?aragraph 1 1 1 of the Complaint, as stated. 112-209. Defendants deny the allegations of Paragraphs 112-209 of the Complaint. 3234168.! Case Document 40 Filed 11/23/11 Page 16 of 17 PageID 463 WHEREFORE, premises eonsidered, Defendants L. T. WEST, INC, JAMES CRAIG WEST, LUCAS TROY WEST AND CATHERINE WEST, pray that this Answer to the Complaint be deemed good and suf?cient and that after the lapse of all legal delays are had, that there be judgment rendered in their favor, dismissing Plaintiffs Claims, at Plaintiffs? costs. Defendants also request that they be awarded their attorneys fees by the Court in having to defend any allegations of the Complaint that are found to he frivolously brought by all or some. of the Plaintiffs. 3234168.] AND FOR ALL GENERAL AND EQUITABLE RELIEF, ETC. Respectfully submitted, ONEBANE LAW FIRM as: ex GREG GUIDRY ease GUIDRY (#6489) E-t?nail: guidryg@onehane.eom 1200 Camellia Boulevard, Suite 300 (70508) Post Of?ce Box 3507 Lafayette, LA 70502 Telephone: (337) 237?2660 Facsimile: (337) 266?1232 ATTORNEYS FOR. DEFENDANTS L. T. WEST, INC, JAMES CRAIG WEST AND CATHERINE WEST Case Document 40 Filed 11/23/11 Page 17 of 17 PageID 464 I I A I HEREBY CERTIFY that on November 23, 2011, a copy of Answer to Complaint by L. T. West, Inc., James Craig West, Lucas Troy Weet and Catherine West was ?led electronically with the Clerk of Court using the CMXECF system. Netiee of this ?ling will be sent to all counsel of record by Operation of the eeurt?e eleetmnie ?ling, System. DR GREG GUIDRY 1 7 3234163.!