GROSS v. AKIN GUMP STRAUSS HAUER & FELD LLP

Filing 13

GROSS v. AKIN GUMP STRAUSS HAUER & FELD LLP

Doc. 13

Case 1:07-cv-00399-EGS

Document 13

Filed 07/09/2007

Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) ) ) Plaintiff, ) ) v. ) ) AKIN GUMP STRAUSS HAUER & FELD LLP ) ) Defendant. ) __________________________________________) DONALD G. GROSS

Civil Action No. 07-399 (EGS)

PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO AMEND ANSWER AND FILE COUNTERCLAIMS Comes now Plaintiff Donald G. Gross and responds to Defendant's Motion to Amend Answer and File Counterclaims ("Motion"). In its Motion, Defendant sets forth a new "afteracquired evidence" defense and two counterclaims for breach of duty of loyalty and tortious interference with economic advantage. Defendant's new affirmative defense and counterclaims are devoid of merit, and Defendant cannot make out the elements of any of these new claims. Moreover, Defendant's decision to file the amendments and proposed counterclaims after the initiation of Plaintiff's lawsuit is intended to create a chilling effect on Plaintiff's pursuit of his discrimination claims and is, therefore, retaliatory.

Dockets.Justia.com

Case 1:07-cv-00399-EGS

Document 13

Filed 07/09/2007

Page 2 of 3

Given the liberal amendment and supplementation standards under Rule 15, however, Plaintiff will not otherwise offer grounds under that Rule in opposition to Defendant's Motion. See Fed. R. Civ. P. 15(a), 15(d). Respectfully Submitted, WEBSTER, FREDRICKSON & BRACKSHAW /s/ Jonathan C. Puth Jonathan C. Puth #439241 Kataryna L. Baldwin # 494439 1775 K Street, N.W. Suite 600 Washington, D.C. 20006 [phone] Attorneys for Plaintiff

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Case 1:07-cv-00399-EGS

Document 13

Filed 07/09/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 9th day of July, 2007, a copy of the forgoing Response to Defendant's Motion to Amend Answer and File Counterclaims was sent by first class mail, postage prepaid, and transmitted electronically to: Christine Nicolaides Kearns Pillsbury Winthrop Shaw Pittman, LLP 2300 N St., N.W. Washington, DC 20037 Counsel for Defendant

/s/ Kataryna L. Baldwin Kataryna L. Baldwin Webster, Fredrickson & Brackshaw 1775 K Street, N.W. Suite 600 Washington, D.C. 20006 [phone] Attorney for Plaintiff