Philadbundance Reply

MANUEL J.
BURGOS:
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED NEW MATTER WITHIN TWENTY (20)
DAYS FROM SERVICE HEREOF OR A DEFAULT
JUDGMENT WILL BE ENTERED AGAINST YOU.
Filed and Attested by
PROTHONOTARY
09 JAN 2013 12:55 pm
A. STAMATO
/s/ Douglas Evan Ress

Douglas Evan Ress, Esquire
Attorney for Morgan, Lewis & Bockius LLP
KAUFMAN, COREN & RESS, P.C.

By: Douglas Evan Ress, Esquire
Andrew J. Belli, Esquire
Attorney Id. Nos.: 31077; 208100
Two Commerce Square, Suite 3900
2001 Market Street
Philadelphia, PA 19103
(215) 735-8700 Office
(215) 735-5170 Fax
dress@kcr-law.com
abelli@kcr-law.com
MANUEL J. BURGOS,
Plaintiff,
v.
MORGAN, LEWIS & BOCKIUS LLP,
et al.,
Defendants.
Attorneys for Defendant

Morgan, Lewis & Bockius LLP
:
:
:
:
:
:
:
:
:
COURT OF COMMON PLEAS

OF PHILADELPHIA COUNTY
December Term 2012
No. 02978
MORGAN, LEWIS & BOCKIUS LLPS VERIFIED ANSWER & NEW MATTER
Defendant Morgan, Lewis & Bockius LLP (Morgan Lewis), by and through
undersigned counsel, hereby Answers the Complaint of Plaintiff Manuel Burgos (Burgos or
Plaintiff), and together raises New Matter thereto, as follows:
Case ID: 121202978
ANSWER1
1.
Denied. Morgan Lewis denies the allegations contained in Paragraph 1 of the
Complaint. To the contrary, upon information and belief, the Philadelphia District Attorneys
office (the District Attorneys office or the Commonwealth) independently made the
decision to reopen its investigation and ultimately to recharge Burgos.
2.
Complaint. To the contrary, upon information and belief, Philabundance, after conducting a
reasonable investigation, determined that Burgos had made inappropriate charges using a
donated Sunoco fuel card and reported the matter to the Philadelphia Police Department.
3.
Admitted in part; denied in part. Morgan Lewis admits only, upon information
and belief, that Burgos was incarcerated for less than three months after the Honorable
Georganne V. Daher found that probable cause existed to believe that Burgos stole money from
Philabundance. Specifically, the Court stated:
SO, THIS GUY[, i.e., Plaintiff,] LUCKS UP. HE STOLE MONEY FROM
PHILABUNDANCE, BUT WE CAN ONLY PROVE HE STOLE BETWEEN
THREE AND FIVE [HUNDRED DOLLARS]. . . . WE CAN GO WITH THAT.
WE GOT HIM FOR SOMETHING.
N.T. 1/19/2011, pp. 37-38. By way of further answer, upon information and belief, Burgos was
ordered held on $2,500 bail, and spent that time in jail because he did not post, nor did anyone on
his behalf post, a $250.00 bond and $10.00 processing fee. Morgan Lewis denies the remaining
allegations contained in Paragraph 3 of the Complaint.
4.
Denied. Morgan Lewis denies that it learned anything about Mr. Bustos during
the time that Manuel Burgos was in jail. Morgan Lewis admits only that, during discovery in
1
Morgan Lewis has no duty to respond to any contention presented by the headings of Plaintiffs
Complaint. Such headings inaccurately state the facts of this case and will not be duplicated
within the instant Answer.
Case ID: 121202978
the still-pending lawsuit Burgos filed after his incarceration (the 2011 Lawsuit), it learned that
Leonardo Bustos had made inappropriate charges on a Philabundance credit card, and that Mr.
Bustos admitted to making and reimbursed Philabundance for those charges. Morgan Lewis
denies the remaining allegations contained in Paragraph 4 of the Complaint.
5.
Complaint, including the allegations of footnote 1 to the Complaint. To the contrary, upon
information and belief, Philabundance, after a reasonable investigation, determined that Burgos
had made inappropriate charges using a donated Sunoco fuel card and reported the matter to the
Philadelphia Police Department.
6.
Admitted in part; denied in part. Morgan Lewis admits only that Burgos filed suit
against Philabundance and Chaundra Loesch in June 2011. Morgan Lewis denies the remaining
allegations contained in Paragraph 6 of the Complaint. To the contrary, upon information and
belief, Philabundance, after conducting a reasonable investigation, determined that Burgos had
made inappropriate charges using a donated Sunoco fuel card and reported the matter to the
Philadelphia Police Department.
7.
Admitted in part; denied in part. Morgan Lewis admits only that it has
represented Philabundance and Chaundra Loesch in the 2011 Lawsuit and that Mr. Robinson,
Mr. Vonsover, Mr. Hayne, and Mr. Brigham have entered their appearances in that case.
Morgan Lewis denies the remaining allegations contained in Paragraph 7 of the Complaint.
8.
Complaint, including the allegations contained in footnote 2 to the Complaint. To the contrary,
upon information and belief, the District Attorneys office independently made the decision to
reopen its investigation and ultimately to recharge Burgos.
Case ID: 121202978
9.
Admitted in part; denied in part. Morgan Lewis denies that it caused any charges
to be brought against Burgos and denies that any charges which the District Attorneys office
independently decided to bring were a sham. Morgan Lewis admits only that a preliminary
hearing was held on November 26, 2012, regarding the refiled criminal charges against Burgos.
Morgan Lewis lacks knowledge or information sufficient to form a belief as to the truth of the
remaining allegations contained in Paragraph 9 of the Complaint, and therefore, those allegations
are denied.
10.
Complaint. Morgan Lewis admits only that, during Burgoss November 26, 2012, preliminary
hearing, Judge Paula A. Patrick found that Chaundra Loesch was not the appropriate custodian of
records for Philabundances Sunoco fuel card statements and then rescheduled the hearing to a
later date. Morgan Lewis lacks knowledge or information sufficient to form a belief as to the
truth of the allegations of what Judge Patrick believed or recognized or when she formed those
beliefs, and therefore those allegations are denied.
11.
Admitted in part; denied in part. Morgan Lewis admits only that Judge Patrick
rescheduled Burgoss November 26, 2012, preliminary hearing to December 5, 2012. Morgan
Lewis denies the remaining allegations contained in Paragraph 11 of the Complaint. Morgan
Lewis did not institute criminal proceedings against Burgos, nor did it create any evidence.
Upon information and belief, the District Attorneys office independently made the decision to
reopen its investigation and ultimately to recharge Burgos.
12.
Admitted in part; denied in part. Morgan Lewis admits only that, on December
18, 2012, Judge Patrick denied the Commonwealths motion to refile the previously dismissed
criminal charges against Plaintiff. Morgan Lewis denies the remaining allegations contained in
Case ID: 121202978
Paragraph 12 of the Complaint. To the contrary, Morgan Lewis did not attempt to persuade the
Philadelphia Court of Common Pleas that evidence existed to prosecute Burgos. Upon
information and belief, the District Attorneys office independently made the decision to reopen
its investigation and ultimately to recharge Burgos.
13.
Admitted in part; denied in part. Morgan Lewis admits only that Mr. Brigham
attended the November 26 and December 18, 2012 hearings regarding the criminal charges
which the Commonwealth filed against Burgos. Morgan Lewis denies the remaining allegations
contained in Paragraph 13 of the Complaint.
14.
Complaint. To the contrary, upon information and belief, the District Attorneys office
independently made the decision to reopen its investigation and ultimately to recharge Burgos.
15.
16.
Denied. Morgan Lewis lacks knowledge or information sufficient to form a belief
as to the truth of the allegations regarding Plaintiffs motive in bringing this lawsuit and,
therefore, those allegations are denied. Morgan Lewis denies the remaining allegations
17.
as to the truth of the allegations contained in Paragraph 17 of the Complaint and, therefore, those
allegations are denied.
18.
Admitted in part; denied in part. Morgan Lewis admits only that it is a law firm
with offices at 1701 Market Street, Philadelphia, PA 19103, that it employs Brandon J. Brigham
Case ID: 121202978
and Amir J. Vonsover, and that Azeez Hayne and Blair J. Robinson are partners in the law firm.
The remaining allegations contained in Paragraph 18 of the Complaint are denied.
19.
and belief, that Philabundance is a Pennsylvania non-profit corporation with offices located at
3616 South Galloway Street, Philadelphia, PA 19148. Morgan Lewis denies the remaining
20.
and belief, that Chaundra Loesch is a Philabundance employee who works at 3616 South
Galloway Street, Philadelphia, PA 19148 and is a resident of New Jersey. Morgan Lewis denies
the remaining allegations contained in Paragraph 20 of the Complaint.
21.
and belief, that William J. Clark is the President and Executive Director of Philabundance, which
is a Pennsylvania non-profit corporation with offices located at 3616 South Galloway Street,
Philadelphia, PA 19148. Morgan Lewis lacks knowledge or information sufficient to form a
belief as to the truth of the allegations concerning Mr. Clarks state of residence and, therefore,
those allegations are denied. Morgan Lewis denies the remaining allegations contained in
Paragraph 21 of the Complaint.
22.
and belief, that Melanie S. Jumonville is the Senior Vice President and Chief Operating Officer
of Philabundance. Morgan Lewis lacks knowledge or information sufficient to form a belief as
to the truth of the allegations concerning Ms. Jumonvilles state of residence and, therefore,
those allegations are denied. Morgan Lewis denies the remaining allegations contained in
Paragraph 22.
Case ID: 121202978
23.
Denied. The allegations contained in Paragraph 23 of the Complaint constitute
conclusions of law to which no responsive pleading is required and are thus deemed denied.
24.
25.
26.
27.
28.
29.
Complaint.
30.
Admitted in part; denied in part. Morgan Lewis admits only that Burgos and an
individual who he falsely claimed was his wife filed suit against Philabundance and Chaundra
Loesch in June 2011. Morgan Lewis denies the remaining allegations contained in Paragraph 30
of the Complaint.
31.
Denied. The allegations of this paragraph purport to refer to written documents,
the terms of which speak for themselves, and accordingly, Plaintiffs characterization thereof is
denied. Morgan Lewis denies the remaining allegations contained in Paragraph 31 of the
Complaint.
Case ID: 121202978
32.
and belief, that Burgos was offered a permanent position as a truck driver with Philabundance on
June 14, 2010, that Burgos accepted the offer, and that Philabundance terminated Burgos
employment on August 20, 2010. Morgan Lewis denies the remaining allegations contained in
Paragraph 32 of the Complaint. To the contrary, upon information and belief, the District
Attorneys office independently made the decision to reopen its investigation and ultimately to
recharge Burgos.
33.
Denied. Upon information and belief, Morgan Lewis denies the allegations

34.

35.
and belief, that prior to Philabundances hire of Yadira Rosa, Leonardo Bustos, Philabundances
former Director of Logistics, oversaw the reconciliation of the Sunoco statements with
Philabundances usage of fuel for its fleet of vehicles and that Ms. Rosa assumed this
responsibility in July 2010. The remaining allegations contained in Paragraph 35 of the
Complaint are denied.
36.
and belief, that, in July 2010, Yadira Rosa began reconciling the credit card statements
Philabundance received from Sunoco with the fuel receipts submitted by Philabundance
employees. The remaining allegations contained in Paragraph 36 of the Complaint are denied.
37.
Admitted. Morgan Lewis admits, upon information and belief, the allegations
Case ID: 121202978
38.
and belief, that Ms. Rosa informed Mr. Bustos that some of the charges on Philabundances July
2010 Sunoco statement appeared suspicious. The remaining allegations contained in Paragraph
38 of the Complaint are denied.
39.
and belief, that Mr. Bustos informed Burgos of Philabundances reasonable belief that Burgos
had inappropriately used Philabundances Sunoco fuel cards. Morgan Lewis denies the
remaining allegations contained in Paragraph 39 of the Complaint.
40.
Denied. Morgan Lewis denies that it participated in any malicious scheme and
further denies that it withh[eld] critical information from anyone in association with this case.
Morgan Lewis further denies that it fabricat[ed] claims against Plaintiff or induce[d] the
Philadelphia District Attorneys office to prosecute Plaintiff. The District Attorneys office
independently made both the decision to initially charge and the decision to recharge Burgos
after further investigation. Morgan Lewis denies the remaining allegations contained in
41.
Denied. Morgan Lewis denies, upon information and belief, the allegations
contained Paragraph 41 of the Complaint.

42.

43.

44.
and belief, that Ms. Loesch and Mr. Bustos performed a reasonable investigation into the
Case ID: 121202978
improper use of Philabundances Sunoco fuel cards, identified Burgos as the culprit, and then
reported their findings to their superiors at Philabundance. Morgan Lewis denies the remaining
45.
Denied as stated. Morgan Lewis admits only, upon information and belief, that
Ms. Loesch and Mr. Bustos performed an investigation into the improper use of Philabundances
Sunoco fuel cards, identified Burgos as the person responsible for the improper use of the fuel
card that was assigned to the Philabundance vehicle which he most frequently drove, and then
reported their findings to their superiors at Philabundance. Morgan Lewis denies the remaining
46.
and belief, that Ms. Jumonville did not conduct an independent investigation and instead relied
upon the investigation conducted by her subordinates. Morgan Lewis denies that the conclusions
reached from that investigation were unsupported. Morgan Lewis lacks knowledge or
information sufficient to form a belief as to the truth of the allegations regarding Mr. Clarks
actions and, therefore, those allegations are denied. Morgan Lewis denies the remaining
47.
Admitted in part; denied in part. Morgan Lewis lacks knowledge or information
sufficient to form a belief as to the truth of the allegations contained in Paragraph 47 of the
Complaint regarding the motivations and thought processes of Mr. Clark and Ms. Jumonville
and, therefore, those allegations are denied. Morgan Lewis admits only, upon information and
belief, that Philabundance decided to terminate Burgos employment and subsequently contacted
law enforcement to report his inappropriate use of the Sunoco fuel card. To the extent that the
allegations contained in Paragraph 47 purport to refer to written documents, the terms of such
10
Case ID: 121202978
documents speak for themselves, and Plaintiffs characterization thereof is accordingly denied.
Morgan Lewis denies the remaining allegations contained in Paragraph 47.
48.
Denied. The allegations contained in Paragraph 48 purport to refer to written
documents, the terms of which speak for themselves, and Plaintiffs characterization thereof is
accordingly denied. Morgan Lewis denies the remaining allegations contained in Paragraph 48.
49.

50.
Complaint.
51.
and belief, that Philabundance terminated Mr. Bustos employment on or around November 12,
2010. Morgan Lewis denies the remaining allegations contained in Paragraph 51 of the
Complaint.
52.
and belief, that Philabundance terminated Mr. Bustos employment on or about November 12,
2010. Morgan Lewis denies the remaining allegations contained in Paragraph 52 of the
Complaint.
53.
Complaint.
54.
and belief, that Burgoss preliminary hearing was initially listed for December 17, 2010 before
Judge Georganne V. Daher, at which time it was rescheduled for January 19, 2011. Morgan
Lewis denies the remaining allegations contained in Paragraph 54 of the Complaint.
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Case ID: 121202978
55.
and belief, that a preliminary hearing was held before Judge Daher on January 19, 2011, and that,
at that hearing, the Commonwealth presented testimony from Ms. Loesch. Morgan Lewis denies
the remaining allegations contained in Paragraph 55 of the Complaint.
56.
Complaint.
57.
Admitted. Morgan Lewis admits the allegations contained in Paragraph 57 of the
Complaint.
58.
and belief, that Burgos spent less than three months in jail. Morgan Lewis denies the remaining
59.
and belief, that Judge Teresa Carr Deni dismissed the charges against Burgos. Morgan Lewis
denies the remaining allegations contained in Paragraph 59 of the Complaint.
60.
Admitted. Morgan Lewis admits the allegations contained in Paragraph 60 of the
Complaint.
61.
Complaint.
62.
Admitted in part; denied in part. Morgan Lewis admits only that the 2011
Lawsuit was initially placed in the September 2012 trial pool, then later moved to the November
2012 trial pool and then moved to the December 2012 trial pool. Morgan Lewis denies the
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Case ID: 121202978
63.
64.
Complaint. To the contrary, the District Attorneys office requested copies of the documents
exchanged and transcripts of depositions taken in the 2011 Lawsuit and, in response, the District
Attorneys office was provided with: (1) all of the documents the defendants in the 2011 Lawsuit
produced in that case except those marked confidential under a protective order, (2) all of the
deposition transcripts from the 2011 Lawsuit, (3) the parties summary judgment briefing from
the 2011 Lawsuit, and (4) an index describing the documents marked confidential that were
not produced to the District Attorneys office.
65.
as to the truth of allegations concerning whether the District Attorneys office ascertained that
the documents at issue contained any additional information supporting that offices independent
decision to refile charges against Burgos. Morgan Lewis denies the remaining allegations
contained in paragraph 65.
66.
Admitted in part; denied in part. Morgan Lewis admits only that Ms. Loesch, at
the request of the Philadelphia District Attorneys office, appeared as a witness for the
Commonwealth at a preliminary hearing held on November 26, 2012. Morgan Lewis denies the
67.
Admitted in part; denied in part. Morgan Lewis admits only that Judge Paula A.
Patrick found during the November 26, 2012 preliminary hearing that Chaundra Loesch was not
the appropriate custodian of records for Philabundances Sunoco fuel card statements and then
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Case ID: 121202978
rescheduled the preliminary hearing to a later date. Morgan Lewis denies the remaining
68.
Complaint. To the contrary, the Commonwealth had the sole responsibility for presenting
evidence against Burgos during all of the criminal hearings.
69.
Admitted in part; denied in part. Morgan Lewis admits only that, on or around
December 18, 2012, Ms. Loesch testified as a witness for the Commonwealth and that, during
cross examination, Burgos defense counsel presented her with testimony from her deposition in
the 2011 Lawsuit wherein she testified that Mr. Bustos was in charge of the Sunoco fuel cards in
the summer of 2010. Morgan Lewis denies the remaining allegations contained in Paragraph 69
of the Complaint.
70.
18, 2012, Judge Paula A. Patrick denied the Philadelphia District Attorneys motion to refile the
criminal charges against Plaintiff. Morgan Lewis denies the remaining allegations contained in
71.
Complaint.
72.
Complaint.
73.
Complaint.
COUNT I
74.
Morgan Lewis incorporates by reference its responses to Paragraphs 1-73 of the
Complaint as if set forth fully herein.

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Case ID: 121202978
75.
Complaint.
76.
Complaint.
77.
Complaint.
78.
Complaint.
79.
Complaint.
WHEREFORE, Morgan Lewis respectfully requests that this Court enter judgment in its
favor, and against Plaintiff, together with costs, attorneys fees, and any other relief that this
Court deems just and proper.
COUNT II
80.

81.
Complaint.
82.
Complaint.
83.
Complaint.
84.
Complaint.
15
Case ID: 121202978
85.
Complaint.
86.
Complaint.
87.
Complaint.
88.
Complaint.
89.
Complaint.
90.
Complaint.
91.
Complaint.
92.
Complaint.
93.
Complaint.
94.
Complaint.
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Case ID: 121202978
COUNT III
95.
Morgan Lewis incorporates by reference its responses to paragraphs 1-94 of the

96.
Complaint.
97.
Complaint.
98.
Complaint.
99.
Complaint.
100.
18, 2012, Judge Patrick denied the Philadelphia District Attorneys motion to refile the criminal
charges against Plaintiff. Morgan Lewis denies the remaining allegations contained in Paragraph
100 of the Complaint.
101.
18, 2012, Judge Patrick denied the Philadelphia District Attorneys motion to refile the criminal
charges against Plaintiff. Morgan Lewis denies the remaining allegations contained in Paragraph
101 of the Complaint.
102.
Complaint.
103.
Complaint.
17
Case ID: 121202978
104.
Complaint.
COUNT IV
105.

106.
Complaint.
107.
Complaint.
108.
Complaint.
109.
Complaint.
110.
Complaint.
111.
Complaint.
112.
Complaint.
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Case ID: 121202978
NEW MATTER
113.
Complaint as if fully set forth herein.

114.
Upon information and belief, in the summer of 2010, Philabundance after
conducting a reasonable investigation determined that Burgos had made inappropriate charges
using a donated Sunoco fuel card and subsequently reported the matter to the Philadelphia Police
Department.
115.
Upon information and belief, on November 13, 2010, the Philadelphia District
Attorneys office independently decided to charge Burgos with three counts of theft and one
count of access device fraud as a result of its own conclusion that Burgos had stolen fuel from
Philabundance.
116.
Upon information and belief, on January 19, 2011, the Honorable Georganne V.
Daher held that the Commonwealth presented evidence sufficient to support a prima facie case
of theft against Burgos. A true and correct copy of the Notes of Testimony from the January 19,
2011, hearing is attached hereto as Exhibit A.
117.
On January 19, 2011, the Honorable Georganne V. Daher stated as follows:
THE COURT:
SO, THIS GUY[, i.e., Plaintiff,] LUCKS UP. HE STOLE

MONEY FROM PHILABUNDANCE, BUT WE CAN
ONLY PROVE HE STOLE BETWEEN THREE AND
FIVE [HUNDRED DOLLARS]. . . . WE CAN GO WITH
THAT. WE GOT HIM FOR SOMETHING.
N.T. 1/19/2011, pp. 37-38.
19
Case ID: 121202978
118.
According to Judge Daher, while the exact value of fuel was an issue, sufficient
evidence existed to support the conclusion that Burgos stole at least some fuel from
Philabundance.
119.
During a hearing held on March 14, 2011, the Honorable Teresa Carr Deni
dismissed the charges against Burgos for lack of prosecution. A true and correct copy of the
Notes of Testimony from Plaintiffs March 14, 2011, hearing is attached hereto as Exhibit B.
120.
Judge Deni dismissed the charges not because the Commonwealth failed to prove
Burgoss guilt, but instead because of what she perceived as the prosecutors lack of zeal in
moving the case forward in a timely fashion.
121.
Indeed, the Commonwealth was not even afforded the opportunity to present any
evidence at the March 14, 2011, hearing. Instead, it appears to have been caught off guard by the
Courts conversion of what was originally a joint request for a continuance into a discharge for
lack of prosecution.3
122.
During the March 14, 2011, hearing, Burgoss defense counsel stated that Judge
DeLeon4 found at most there was maybe $120 worth of potential connection to my client. N.T.
3/14/11, p. 4.
123.
Even with that admission, counsels description of the prior proceeding was
misinformed, as the judge at that proceeding actually found that the Commonwealth submitted
See N.T., 3/14/11, pp. 2-5 (the Court initially stated that the case was listed as a joint request
for a continuance but was then convinced by defense counsel to dismiss the case for lack of
prosecution, despite the fact that the Commonwealth had earlier sent its witnesses home
with the expectation that the case would get a future date).
The assertion that Judge DeLeon presided over the January 19, 2011, hearing is contradicted by
the Notes of Testimony for that proceeding, which indicate that Judge Daher was the
presiding officer.
20
Case ID: 121202978
evidence sufficient to prove a prima facie case that Burgos STOLE BETWEEN THREE AND
FIVE [HUNDRED DOLLARS] worth of fuel from Philabundance. N.T. 1/19/2011, pp. 37-38.
124.
On June 10, 2011, Burgos, through his attorney James E. Beasley, Jr., Esquire,
commenced a civil lawsuit against Philabundance and Chaundra Loesch in the Philadelphia
Court of Common Pleas.
125.
On September 19, 2011, Plaintiff filed a Complaint in the 2011 Lawsuit (the
2011 Complaint).
126.
On October 7, 2011, Morgan Lewis attorneys filed an Answer and New Matter in
the 2011 Lawsuit, asserting that neither Philabundance nor Ms. Loesch were liable for the torts
described in the 2011 Complaint. The facts set forth in that document were verified by
Philabundances Senior Manager of Human Resources.
127.
Upon information and belief, unauthorized purchases were made on the Sunoco
fuel card which was typically associated with the Philabundance vehicle most frequently
assigned to Burgos.
128.
Upon information and belief, Burgos signed documents indicating that he drove
that same vehicle on the days before and/or after the unauthorized purchases were made.
129.
Upon information and belief, Burgos failed to come to work on a day when
unauthorized purchases were made during working hours.

130.
Upon information and belief, Burgos failed to come to work on a day when
unauthorized purchases were made during the early morning hours.

131.
Upon information and belief, Burgos used the fuel card to make an authorized
purchase within hours of the time at which an unauthorized purchase was made.
132.
Burgos has been convicted of possession with intent to deliver heroin.
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Case ID: 121202978
133.
Burgos has been convicted of possession with intent to deliver crack cocaine.
134.
Burgos has also been convicted of criminal conspiracy.
135.
On a separate occasion, Burgos pleaded guilty to possession with intent to deliver
136.
Burgos has been convicted for unauthorized use of a motor vehicle.
137.
Burgos has been incarcerated for at least eight years as a result of his felony
heroin.
convictions.
138.
Burgos has been arrested on at least eight different occasions, for these and other
crimes, including aggravated assault, terroristic threats, and witness intimidation.

139.
Burgoss former Philabundance coworkers reported that Burgos had stolen and
resold food which had been donated to Philabundance.

140.
Burgos has a reputation as a high-stakes poker player and was reported to have
gambling debt, thus providing a motive to commit fuel theft.

141.
Burgos admitted to taking trips to Atlantic City to play poker, on which trips he
would be in the direct vicinity of a location where improper fuel purchases had been made.
142.
Burgos, to support a claim for loss of consortium in the 2011 Lawsuit, falsely
claimed that an individual named Tina Marie Miller was his wife.
143.
Court records report Burgos as having four aliases Lopez Burgos, Ramon
Burgos, Ramos Burgos, and Emanuel Burgos.

144.
Upon conducting discovery in the 2011 Lawsuit, Morgan Lewis attorneys
discovered, inter alia, the facts described in paragraphs 127-143, which facts support the
conclusion that it was reasonable to suspect Burgos of the fuel theft.
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Case ID: 121202978
145.
Upon information and belief, at some point after the March 14, 2011, dismissal of
the criminal charges against Burgos, the District Attorneys office independently began to
investigate the possibility of refiling said charges.
146.
By way of letter dated August 28, 2012, the District Attorneys office wrote
Morgan Lewis to request any and all paperwork and documentation [it] may have regarding
Burgoss previously dismissed criminal case. A true and correct copy of the Commonwealths
letter is attached hereto as Exhibit C.
147.
On August 31, 2012, Morgan Lewis responded to the Commonwealth, noting that
it reviewed the August 28, 2012, letter with Philabundance and Ms. Loesch, who were willing to
cooperate with the Commonwealths request. A true and correct copy of Morgan Lewiss
August 31, 2012, letter is attached hereto as Exhibit D (enclosures omitted).
148.
Along with its August 31, 2012, letter, a Morgan Lewis attorney sent the District
Attorneys office copies of materials from the [2011 Lawsuit], explicitly noting that he was not
including materials that were privileged or subject to the protective order that governs th[at]
case.
149.
Among the information provided by Morgan Lewis to the District Attorneys
office was the transcript of Plaintiffs counsels deposition of Leo Bustos.

150.
This transcript, which was provided by Morgan Lewis to the District Attorneys
office, reveals the facts underlying Plaintiffs theory that it was Mr. Bustos, and not Plaintiff,
who was responsible for the fuel theft at issue.
151.
Morgan Lewis also provided the District Attorneys office with copies of
Plaintiffs filings in opposition to Philabundances motion for summary judgment in the 2011
Lawsuit.
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Case ID: 121202978
152.
Such filings discuss in great detail the rationale underlying Plaintiffs contention
that he was not responsible for the fuel theft at issue.

153.
On October 4, 2012, the Commonwealth independently exercised its sole
discretion to refile criminal charges against Burgos.

154.
The Commonwealth decided to refile the charges against Burgos despite being in
possession of materials which fully explained why Plaintiff feels he was falsely accused.
155.
Morgan Lewis did not bring criminal charges against Burgos.
156.
Upon information and belief, the District Attorneys office independently made
the decision to reopen its investigation and ultimately to recharge Burgos.

157.
On December 20, 2012, Burgos filed the instant lawsuit, frivolously alleging that
Morgan Lewis was in some way responsible for the Commonwealths independent decision to
refile the criminal charges against Burgos.
158.
Contrary to Plaintiffs claims, Morgan Lewis was in no way responsible for the
filing of any criminal charges against Burgos.

159.
No Morgan Lewis attorney provided false or incomplete information to the
District Attorneys office in connection with the Burgos matter.

160.
Plaintiffs Complaint fails to state a claim upon which relief may be granted.
161.
Morgan Lewis did not act tortiously in connection with its defense of
Philabundance and Chaundra Loesch in the 2011 Lawsuit.

162.
Plaintiff failed to suffer damages as a result of Morgan Lewiss conduct.
163.
Any damages which may have been suffered by Plaintiff were a result of or were
exacerbated by Plaintiffs own conduct.

164.
Plaintiff cannot recover due to his own unclean hands and bad faith conduct.
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Case ID: 121202978
165.
Any damages suffered by Plaintiff were not caused by the conduct of Morgan
166.
Plaintiffs claims are barred by the doctrine of truth.
167.
Plaintiffs claims are barred by the United States and Pennsylvania Constitutions.
168.
Morgan Lewis was privileged in its conduct and communications to the District
Lewis.
Attorneys office.
169.
Plaintiffs claims are barred by the doctrine of privilege.
170.
Morgan Lewis acted in good faith at all times relevant to the instant matter.
171.
As discovery in the instant matter is ongoing, Morgan Lewis reserves the right to
supplement this New Matter.

Respectfully Submitted,
/s/ Douglas Evan Ress

Douglas Evan Ress, Esquire
Attorney Id. Nos.: 31077; 208100
KAUFMAN, COREN & RESS, P.C.
Two Commerce Square, Suite 3900
2001 Market Street
(215) 735-8700 Office
(215) 735-5170 Fax
dress@kcr-law.com
abelli@kcr-law.com
Attorneys for Defendant
Morgan, Lewis & Bockius, LLP
Dated: January 9, 2013
25
Case ID: 121202978
CERTIFICATE OF SERVICE
I, Andrew J. Belli, hereby certify that, on January 9, 2013, I caused a true and correct
copy of Defendant Morgan, Lewis & Bockius LLPs Answer and New Matter to Plaintiff
Manuel J. Burgoss Complaint to be served upon the following:
James E. Beasley, Jr., Esquire

Terence J. Lynch, Esquire
The Beasley Firm, LLC
1125 Walnut Street
Counsel for Plaintiff
(via efile and first class mail)
Elizabeth A. Malloy, Esquire
Buchanan Ingersoll & Rooney PC
Two Liberty Place
50 S. 16th Street, Suite 3200
Philadelphia, PA 19102-2555
Counsel for Defendants Philabundance,
Chaundra Loesch, William Clark, and
Melanie Jumonville
(via first class mail)
Dated: January 9, 2013
/s/ Andrew J. Belli

Case ID: 121202978
Case ID: 121202978
Exhibit A
Case ID: 121202978
Case ID: 121202978
Case ID: 121202978
Case ID: 121202978
Case ID: 121202978
Case ID: 121202978
Case ID: 121202978
Case ID: 121202978
Case ID: 121202978
Case ID: 121202978
Case ID: 121202978
Case ID: 121202978
Case ID: 121202978
Exhibit B
Case ID: 121202978
Case ID: 121202978
Case ID: 121202978
Case ID: 121202978
Exhibit C
Case ID: 121202978
To:
DISTRICT ATTORNEYS OFFICE

3 SOUTH PENN SQUARE
PHILADELPHIA, PENNSYLVANIA 19107
(215) 686-8000
August 28, 2012
Mr. Azeez Hayne, Esq.

1701 Market St.
VIA EMAIL
Re:
Commonwealth v. Manuel Burgos

MC-51-CR 0051923-2010
Dear Mr. Hayne:

I am writing to request any and all paperwork and documentation you may have
regarding the above-listed criminal matter. I am aware that there is a civil matter pending
between Mr. Burgos and Philabundance and that a significant amount of materials have been
exchanged through the civil discovery process. I am requesting copies of any paperwork you
may have regarding the Defendant and his employment at Philabundance, as well as transcripts
of any depositions you or the attorneys for Mr. Burgos may have conducted.
Thank you in advance for your cooperation and assistance regarding this matter.
Sincerely,
/S/
Caroline Keating McGlynn
Chief, South Bureau
Philadelphia District Attorneys Office
(215) 686-8934
Case ID: 121202978
Exhibit D
Case ID: 121202978
Case ID: 121202978
Case ID: 121202978

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MANUEL J.

/s/ Douglas Evan Ress

KAUFMAN, COREN & RESS, P.C.

Attorneys for Defendant

COURT OF COMMON PLEAS

Case ID: 121202978

Denied. Morgan Lewis denies the allegations contained in Paragraph 1 of the

Denied. Morgan Lewis denies the allegations contained in Paragraph 2 of the

Case ID: 121202978

Denied. Morgan Lewis denies the allegations contained in Paragraph 5 of the

Denied. Morgan Lewis denies the allegations contained in Paragraph 8 of the

Case ID: 121202978

Denied. Morgan Lewis denies the allegations contained in Paragraph 10 of the

Case ID: 121202978

Denied. Morgan Lewis denies the allegations contained in Paragraph 14 of the

Denied. Morgan Lewis denies the allegations contained in Paragraph 15 of the

Denied. Morgan Lewis lacks knowledge or information sufficient to form a belief

Denied. Morgan Lewis lacks knowledge or information sufficient to form a belief

Case ID: 121202978

Case ID: 121202978

Denied. The allegations contained in Paragraph 23 of the Complaint constitute

Denied. The allegations contained in Paragraph 24 of the Complaint constitute

Denied. The allegations contained in Paragraph 25 of the Complaint constitute

Denied. The allegations contained in Paragraph 26 of the Complaint constitute

Denied. The allegations contained in Paragraph 27 of the Complaint constitute

Denied. The allegations contained in Paragraph 28 of the Complaint constitute

Denied. Morgan Lewis denies the allegations contained in Paragraph 29 of the

Denied. The allegations of this paragraph purport to refer to written documents,

Case ID: 121202978

contained in Paragraph 33 of the Complaint.

contained in Paragraph 34 of the Complaint.

contained in Paragraph 37 of the Complaint.

Case ID: 121202978

contained Paragraph 41 of the Complaint.

contained in Paragraph 42 of the Complaint.

contained in Paragraph 43 of the Complaint.

Case ID: 121202978

Admitted in part; denied in part. Morgan Lewis lacks knowledge or information

Case ID: 121202978

Denied. The allegations contained in Paragraph 48 purport to refer to written

contained in Paragraph 49 of the Complaint.

Denied. Morgan Lewis denies the allegations contained in Paragraph 50 of the

Denied. Morgan Lewis denies the allegations contained in Paragraph 53 of the

Case ID: 121202978

Denied. Morgan Lewis denies the allegations contained in Paragraph 56 of the

Admitted. Morgan Lewis admits the allegations contained in Paragraph 57 of the

Admitted. Morgan Lewis admits the allegations contained in Paragraph 60 of the

Denied. Morgan Lewis denies the allegations contained in Paragraph 61 of the

Case ID: 121202978

Denied. Morgan Lewis denies the allegations contained in Paragraph 63 of the

Denied. Morgan Lewis denies the allegations contained in Paragraph 64 of the

Denied. Morgan Lewis lacks knowledge or information sufficient to form a belief

Case ID: 121202978

Denied. Morgan Lewis denies the allegations contained in Paragraph 68 of the

Denied. Morgan Lewis denies the allegations contained in Paragraph 71 of the

Denied. Morgan Lewis denies the allegations contained in Paragraph 72 of the

Denied. Morgan Lewis denies the allegations contained in Paragraph 73 of the

Morgan Lewis incorporates by reference its responses to Paragraphs 1-73 of the

Complaint as if set forth fully herein.

Case ID: 121202978

Denied. Morgan Lewis denies the allegations contained in Paragraph 75 of the

Denied. Morgan Lewis denies the allegations contained in Paragraph 76 of the

Denied. Morgan Lewis denies the allegations contained in Paragraph 77 of the

Denied. Morgan Lewis denies the allegations contained in Paragraph 78 of the