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Franco v. Goodwill Shops South LLC

United States District Court, W.D. Oklahoma

December 18, 2017

DAISY FRANCO, Plaintiff,
v.
GOODWILL SHOPS SOUTH, LLC GOODWILL INDUSTRIES OF CENTRAL OKLAHOMA, INC., Defendants.

          ORDER

          TIMOTHY D. DeGIUSTI UNITED STATES DISTRICT JUDGE

         Before the Court is Plaintiff Daisy Franco's Motion to Strike Affirmative Defenses [Doc. No. 7]. Defendants Goodwill Shops South, LLC and Goodwill Industries of Central Oklahoma, Inc. (occasionally referred to herein collectively as “Goodwill”) have filed their Response [Doc. No. 8] and Plaintiff has replied [Doc. No. 9]. The matter is fully briefed and at issue.

         BACKGROUND

         Plaintiff contends she was discriminated against and wrongfully terminated because of her race. She moves to strike Defendants' Affirmative Defenses Nos. 2, 3, 4, 5, 7, 8, 9, 10 and 11 as legally insufficient pursuant to Rule 12(f), Federal Rules of Civil Procedure, which state:

2. All employment decisions regarding Plaintiff were made and based on legitimate, non-discriminatory reasons.
3. Plaintiff's gender, race, national origin and/or color were neither a determining nor motivating factor in any employment action taken by Goodwill.
4. Plaintiff was, at all relevant times, an employee at will.
5. Plaintiff's claims are barred, in whole or in part, because Goodwill acted at all times in compliance with applicable employment laws, its own policies prohibiting discrimination and retaliation, and in good faith.
7. Goodwill is entitled to an offset for any benefits or other wages, income, or remunerations received by Plaintiff.
8. Plaintiff's claims for relief are barred to the extent they exceed that available under applicable federal law.
9. Goodwill did not engage in any unlawful discriminatory practice, or act at any time with malice or with reckless disregard or indifference to any of Plaintiff's protected rights.
10. Plaintiff's claim for punitive damages is barred to the extent it is in violation of the Constitution of the United States and any other applicable law.
11. Goodwill reserves the right to assert additional defenses that become apparent during the ...

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