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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 09-23339-CIV-LENARD/TURNOFF GERMAN CARRASCO, Plaintiff, v. GA TELESIS COMPONENT REPAIR GROUP SOUTHEAST, L.L.C., a Florida corporation Defendant. /

DEFENDANTS ANSWER, DEFENSES AND AFFIRMATIVE DEFENSES TO PLAINTIFFS COMPLAINT Defendant GA Telesis Component Repair Group Southeast, L.L.C. (GA or Defendant), through its counsel, Fowler, White, Burnett P.A., files Defendants Answer, Defenses and Affirmative Defenses to Plaintiffs Complaint. INTRODUCTION 1. In response to the allegations contained in Paragraph 1 of Plaintiffs Complaint,

Defendant admits that Plaintiff is attempting to state a cause of action pursuant to the Family Medical Leave Act (FMLA). Defendant further states that the statutory provision referenced herein speaks for itself. Defendant denies all remaining allegations.

JURISDICTION AND VENUE 1

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2.

In response to the allegations contained in Paragraph 2 of Plaintiffs Complaint,

Defendant admits the allegations. PARTIES 3. In response to the allegations contained in Paragraph 3 of Plaintiffs Complaint,

Defendant admits that Plaintiff was, at one time, an employee of Defendant. As to the remaining allegations contained in Paragraph 3 of Plaintiffs Complaint, Defendant is without sufficient knowledge to form a belief as to the truth or veracity of the allegations and therefore denies same. 4. In response to the allegations contained in Paragraph 4 of Plaintiffs Complaint,

Defendant admits that Plaintiff was, at one time, an employee of Defendant. As to the remaining allegations contained in Paragraph 4 of Plaintiffs Complaint, Defendant is without sufficient knowledge to form a belief as to the truth or veracity of the allegations and therefore denies same. 5. In response to the allegations contained in Paragraph 5 of Plaintiffs Complaint,

Defendant denies that it is a Florida corporation. Defendant admits the remaining allegations. EXHAUSTION OF ADMINISTRATIVE REMEDIES 6. In response to the allegations contained in Paragraph 6 of Plaintiffs Complaint,

Defendant is without sufficient knowledge to form a belief as to the truth or veracity of the allegations and therefore denies same. STATEMENT OF FACTS 7. In response to the allegations contained in Paragraph 7 of Plaintiffs Complaint,

Defendant admits that Plaintiff was, at one time, an employee of Defendant. As to the remaining allegations, Defendant denies same.

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8.

In response to the allegations contained in Paragraph 8 of Plaintiffs Complaint,

Defendant admits that at some point Plaintiff informed Defendant of his need for medical leave. As to the remaining allegations contained in Paragraph 8 of Plaintiffs Complaint, Defendant is without sufficient knowledge to form a belief as to the truth or veracity of the allegations and therefore denies same. 9. In response to the allegations contained in Paragraph 9 of Plaintiffs Complaint,

Defendant denies the allegations. 10. In response to the allegations contained in Paragraph 10 of Plaintiffs Complaint,

Defendant denies the allegations. 11. In response to the allegations contained in Paragraph 11 of Plaintiffs Complaint,

Defendant admits that Plaintiffs attendance record was sub-par. Defendant further admits that Plaintiffs employment was terminated. Defendant denies all remaining allegations. 12. In response to the allegations contained in Paragraph 12 of Plaintiffs Complaint,

Defendant denies the allegations. 13. In response to the allegations contained in Paragraph 13 of Plaintiffs Complaint,

Defendant denies the allegations. 14. In response to the allegations contained in Paragraph 14 of Plaintiffs Complaint,

Defendant denies the allegations. COUNT I FMLA 15. Defendant incorporates paragraphs 1 through 14 above as if fully set forth herein.

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16.

In response to the allegations contained in Paragraph 16 of Plaintiffs Complaint,

Defendant admits that as an employer it is required to provide those qualifying individuals FMLA leave. As to the remaining allegations, Defendant is without sufficient knowledge to form a belief as to the truth or veracity of the allegations and therefore denies same. 17. In response to the allegations contained in Paragraph 17 of Plaintiffs Complaint,

Defendant denies the allegations. 18. In response to the allegations contained in Paragraph 18 of Plaintiffs Complaint,

Defendant denies the allegations. 19. In response to the allegations contained in Paragraph 19 of Plaintiffs Complaint,

Defendant denies that Plaintiff currently has any entitlement to attorneys fees and costs. In response to the WHEREFORE clause immediately following paragraph 19 of Plaintiffs Complaint, Defendant denies that Plaintiff is entitled to any of the relief requested therein. DEMAND FOR JURY TRIAL Defendant denies Plaintiffs entitlement to a trial by jury. DEFENSES AND AFFIRMATIVE DEFENSES 1. 2. Plaintiff fails to state a cause of action under the FMLA. Plaintiffs claim is barred for failure to timely meet the conditions precedent for

bringing an action under the Family Medical Leave Act. 3. 4. Complaint. Any actions toward Plaintiff were taken for legitimate, non-discriminatory reasons. Plaintiff has failed to mitigate any damages he may have suffered as a result of the

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5.

Plaintiffs claims are subject to all limitations on recovery of damages as set forth

under applicable federal law. 6. Defendant has acted at all times in good faith and therefore did not act with malice

or with reckless disregard for Plaintiffs federally protected rights. 7. Defendant acted at all times in good faith and had reasonable grounds for believing

the act or omission was not a violation of the FMLA. 8. Defendant did not discriminate against Plaintiff upon the basis of the exercise of any

rights under the FMLA. 9. laches. 10. Defendant reserves the right to raise additional defenses such as discovery may reveal. Plaintiffs claims are barred by the doctrines of estoppel, waiver, unclean hands and

Dated: Miami, Fla. November 9, 2009 Respectfully submitted, s/Michael L. Elkins Elizabeth P. Johnson Florida Bar No.920990 Email: epj@fowler-white.com Michael L. Elkins Fla. Bar No. 0523781 Email: mle@fowler-white.com FOWLER WHITE BURNETT P.A. Espirito Santo Plaza, 14th Floor 1395 Brickell Avenue Miami, Florida 33131-3302 Telephone: (305) 789-9200 Facsimile: (305) 789-920 Attorneys for Defendant

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CERTIFICATE OF SERVICE I hereby certify that on the 9th day of November, 2009, the foregoing document was electronically filed with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are not authorized to receive electronically Notices of Electronic Filing. s/Michael L. Elkins Michael L. Elkins Florida Bar No. 0523781 SERVICE LIST CASE NO. 09-23339-CIV-LENARD/TURNOFF Chad E. Levy, Esq. Email: chad@levylevylaw.com Levy & Levy, P.A. 300 SE 13th St. Ft. Lauderdale, FL 33316 Telephone: (954) 763-5722 Facsimile: (954) 762-5723 Counsel for Plaintiff
[mag] W:\79405\ANSWR979.MLE{11/9/9-13:18}

Case 1:09-cv-23339-JAL Document 48 Entered on FLSD Docket 01/14/2011 Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 09-23339-CIV-LENARD/TURNOFF GERMAN CARRASCO, Plaintiff, v. GA TELESIS COMPONENT REPAIR GROUP SOUTHEAST, L.L.C., a Florida corporation Defendant. / NOTICE OF SETTLEMENT The parties notify the Court that they have reached a settlement in this matter. Accordingly, the parties request that the Court remove this matter from the trial docket. Upon execution of settlement documents, Plaintiff will execute a voluntary dismissal with prejudice of all claims.

Dated: Miami, Florida January 14, 2011 Respectfully submitted, s/Michael L. Elkins Elizabeth P. Johnson Florida Bar No.920990 Email: epj@fowler-white.com Michael L. Elkins Fla. Bar No. 0523781 Email: mle@fowler-white.com FOWLER WHITE BURNETT P.A. Espirito Santo Plaza, 14th Floor 1395 Brickell Avenue Miami, Florida 33131-3302 Telephone: (305) 789-9200 Facsimile: (305) 789-920 Attorneys for Defendant 1

Case 1:09-cv-23339-JAL Document 48 Entered on FLSD Docket 01/14/2011 Page 2 of 2 CERTIFICATE OF SERVICE I hereby certify that on the 14th day of January, 2011, the foregoing document was electronically filed with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are not authorized to receive electronically Notices of Electronic Filing. s/Michael L. Elkins Michael L. Elkins Florida Bar No. 0523781

SERVICE LIST CASE NO. 09-23339-CIV-LENARD/TURNOFF Chad E. Levy, Esq. Email: chad@levylevylaw.com Levy & Levy, P.A. 300 SE 13th St. Ft. Lauderdale, FL 33316 Telephone: (954) 763-5722 Facsimile: (954) 762-5723 Counsel for Plaintiff
[mag] W:\79405\NOTIC156-of Settlement.EPJ{1/14/11-9:42}

Case 1:09-cv-23339-JAL Document 50 Entered on FLSD Docket 02/03/2011 Page 1 of 1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 09-23339-CIV-LENARD/TURNOFF GERMAN CARRASCO, Plaintiff, v. G.A. TELESIS COMPONENT REPAIR GROUP SOUTHEAST, LLC, a Florida corporation Defendant. ) ) ) ) ) ) ) ) ) ) )

STIPULATION OF DISMISSAL Plaintiff GERMAN CARRASCO and Defendant G.A. TELESIS COMPONENT REPAIR GROUP SOUTHEAST, LLC, a Florida corporation, pursuant to Fed. R. Civ. P. 41(a)(1), hereby stipulate to the dismissal of this action with prejudice, with each party to bear its own costs and attorneys fees. Respectfully submitted this 3rd day of February, 2011.

/s/ Chad E. Levy Chad E. Levy Florida Bar No.: 0851701 Levy & Levy, P.A. 300 Southeast 13th Street Ft. Lauderdale, FL 33316 Telephone: (954) 763-5722 Facsimile: (954) 763-5723 Email: chad@levylevylaw.com ATTORNEY FOR PLAINTIFF

/s/ Michael L. Elkins Michael L. Elkins Florida Bar No.: 523781 Fowler White Burnett, P.A. 1395 Brickell Avenue, 14th Floor Miami, FL 33131 Telephone: (305) 789-9200 Facsimile: (305) 789-9201 Email: melkins@fowler-white.com ATTORNEY FOR DEFENDANT