Case 3:20-cv-00171-S Document 22 Filed 04/20/20 Page 1 of 5 PageID 133 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION SILDA NIKAJ, § § Plaintiff/Counterclaim Defendant § § v. § CIVIL ACTION NO. 3:20-cv-00171-S § § TEXAS CHRISTIAN UNIVERSITY, § § Defendant/Counterclaim Plaintiff § PLAINTIFF/COUNTERCLAIM DEFENDANT SILDA NIKAJ’S ANSWER TO AMENDED COUNTERCLAIMS TO THE HONORABLE JUDGE OF THE COURT: Plaintiff/ Counterclaim Defendant Silda Nikaj (hereinafter “Plaintiff/Counterclaim Defendant” or “Nikaj”) files her Amended Answer and Affirmative Defenses to Defendant/Counterclaim Plaintiff’s breach of contract counterclaims and would show the Court as follows. Without waiving her defenses, and pursuant to the requisites of the Federal Rules of Civil Procedure, Plaintiff/Counterclaim Defendant submits its responses to the allegations of Defendant/ Counterclaim Plaintiff’s Complaint in numerical order as delineated in the text of the Complaint as follows: 44. Paragraph 44 of the Counterclaim is not subject to an admission or denial, as it contains a legal argument as opposed to factual allegations. To the extent an admission or denial is necessary, Plaintiff/ Counterclaim Defendant denies that all conditions precedent to TCU’s counterclaim have been met. Nikaj’s Amended Answer to Counterclaims Page 1 Case 3:20-cv-00171-S Document 22 Filed 04/20/20 45. Page 2 of 5 PageID 134 Plaintiff/Counterclaim Defendant admits that TCU provided her with a document she signed in April of 2016, which among other things, included the language quoted by Defendant/Counterclaim Plaintiff but denies the remaining allegations in paragraph 45 of the Counterclaims. 46. Plaintiff/Counterclaim Defendant is without sufficient knowledge to admit or deny the allegations in paragraph 46. 47. Plaintiff/Counterclaim Defendant admits she submitted a request for unpaid leave to work at the National Institute of Health in December of 2016. Plaintiff/Counterclaim Defendant denies the remainder of the allegations in paragraph 47. 48. The statements set forth in Paragraph 48 of the Counterclaim constitute claims for relief and legal contentions, rather than factual allegations, thereby requiring no answer. To the extent that any answer is requited, Plaintiff/ Counterclaim Defendant denies the allegations in Paragraph 48. 49. The statements set forth in Paragraph 49 of the Counterclaim constitute claims for relief and legal contentions, rather than factual allegations, thereby requiring no answer. To the extent that any answer is requited, Defendant denies the allegations in Paragraph 49. 50. The statements set forth in Paragraph 50 of the Counterclaim constitute claims for relief and legal contentions, rather than factual allegations, thereby requiring no answer. To the extent that any answer is requited, Defendant denies the allegations in Paragraph 50. PRAYER FOR RELIEF Plaintiff/Counterclaim Defendant denies that Defendant/Counterclaim Plaintiff is entitled to any of the relief sought on pages 10-11 of the Complaint in the section titled “PRAYER FOR RELIEF”— inclusive of the subparts lettered a-e. Nikaj’s Amended Answer to Counterclaims Page 2 Case 3:20-cv-00171-S Document 22 Filed 04/20/20 Page 3 of 5 PageID 135 GENERAL DENIAL To the extent not expressly admitted, Defendant generally denies each and every, all and singular, the material allegations contained in the Complaint, and requests that the Court require strict proof of all allegations made by Plaintiff not expressly admitted by Defendant. AFFIRMATIVE AND OTHER DEFENSES Plaintiff/Counterclaim Defendant pleads the following defenses and reserves the right to plead additional defenses that may become apparent during the defense of this case: 1. Subject to and without waiving the foregoing, in the alternative if necessary, and without waiving Defendant/Counterclaim Plaintiff’s burden to show otherwise, Defendant/Counterclaim Plaintiff has failed to state a claim for which relief can be granted. 2. Subject to and without waiving the foregoing, in the alternative if necessary, and without waiving Defendant/Counterclaim Plaintiff’s burden to show otherwise, Defendant/Counterclaim Plaintiff’s claims for damages are subject to all applicable statutory caps and limitations. 3. Subject to and without waiving the foregoing, in the alternative if necessary, and without waiving Defendant/Counterclaim Plaintiff’s burden to show otherwise, some or all of Defendant/Counterclaim Plaintiff’s claims are barred by the applicable statutes of limitation. 4. Subject to and without waiving the foregoing, in the alternative if necessary, and without waiving Defendant/Counterclaim Plaintiff’s burden to show otherwise, some or all of Plaintiff’s claims are barred by the doctrines of waiver, estoppel, and laches. 5. Subject to and without waiving the foregoing, in the alternative if necessary, and Nikaj’s Amended Answer to Counterclaims Page 3 Case 3:20-cv-00171-S Document 22 Filed 04/20/20 Page 4 of 5 PageID 136 without waiving Defendant/Counterclaim Plaintiff’s burden to show otherwise, upon information and belief, Defendant/Counterclaim Plaintiff failed to exhaust administrative remedies or satisfy all conditions precedent to filing this lawsuit. 6. To the extent applicable, Plaintiff/Counterclaim Defendant pleads an offset. Plaintiff/ Counterclaim Defendant specifically reserves the right to file such amended denials, answers, and defenses as may become appropriate. WHEREFORE, PREMISES CONSIDERED, Plaintiff/Counter Claim Defendant respectfully requests that Defendant/Counterclaim Plaintiff’s claims be dismissed, that Defendant/Counterclaim Plaintiff take nothing and that Plaintiff/ Counterclaim Defendant be awarded its costs, fees, expenses, and all other legal and equitable relief to which it is entitled. By: /s/ Edith K. Thomas Edith K. Thomas Texas Bar No. 24060717 Email: edith@ediththomaslaw.com 777 Main Street Suite 600 FORT WORTH, TX 76102 Tel. (888) 760-0149 Fax. (972) 692-7988 Attorney for Plaintiffs Nikaj’s Amended Answer to Counterclaims Page 4 Case 3:20-cv-00171-S Document 22 Filed 04/20/20 Page 5 of 5 PageID 137 Certificate of Service On April 20, 2020 I filed the foregoing document with the clerk of court for the U.S. District Court, Northern District of Texas. I hereby certify that I have served the document on all counsel and/or pro se parties of record by a manner authorized by Federal Rules of Civil Procedure 5 (b)(2). ____/s/_Edith K. Thomas __________ Edith K. Thomas Nikaj’s Amended Answer to Counterclaims Page 5