Lind v. Selig - MLB's Answer

Case 1:14-cv-09786-PAC Document 17 Filed 03/30/15 Page 1 of 29
PROSKAUER ROSE LLP

Kathleen M. McKenna
Andrew E. Rice
Eleven Times Square
New York, NY 10036-8299
Telephone 212.969.3000
Fax 212.969.2900
kmckenna@proskauer.com
arice@proskauer.com
Attorneys for Defendants
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------- X
:
SYLVIA LIND,
:
:
Plaintiff,
:
:
v.
:
:
:
OFFICE OF THE COMMISSIONER OF
:
BASEBALL, an unincorporated association doing :
business as MAJOR LEAGUE BASEBALL,
:
ALLAN H. BUD SELIG and FRANK
:
ROBINSON;
:
:
Defendants.
:
----------------------------------- X
14-CV-09786 (PAC)(JLC)
ECF CASE
ANSWER TO FIRST
AMENDED COMPLAINT
Defendants Office of the Commissioner of Baseball (MLB), Allan H. Bud Selig

(Selig) and Frank Robinson (Robinson) (collectively, the Defendants), by and through
their attorneys, Proskauer Rose LLP, for their answer and affirmative defenses to the First
Amended Complaint (the Complaint) filed by Plaintiff Sylvia Lind (Lind or Plaintiff),
state as follows:
AS TO PRELIMINARY STATEMENT
1.
Deny the allegations set forth in Paragraph 1 of the Complaint, except admit that:
Plaintiff began working for Major League Baseball Properties, Inc. on November 21, 1995;
Plaintiff is one of the highest ranking Hispanic females in a management position; and MLB has
not appointed a Hispanic female to an executive position.
2.
Deny the allegations set forth in Paragraph 2 of the Complaint, except admit that:
Jimmie Lee Solomon (Solomon) is an African-American attorney whom MLB hired in 1991
as Director of Minor League Relations; and Plaintiff worked for Solomon for approximately 15
years.
3.
Deny the allegations set forth in Paragraph 3 of the Complaint, except admit that
on or about June 4, 2012, Solomon separated from employment with MLB following the
expiration of his employment agreement; that Plaintiff was neither considered nor interviewed
for the position of Executive Vice President of Baseball Development; and that MLB Hall of
Fame legend Robinson succeeded Solomon as Executive Vice President of Baseball
Development in June 2012.
4.
from July 2012 to the present, Robinson promoted Ben Baroody (Baroody), a white male born
in 1984 and a prior subordinate of Plaintiff, several times, and ultimately placed Baroody in
charge of plaintiff; and that Robinson would request that Plaintiff send him written updates.
5.
Deny the allegations set forth in Paragraph 5 of the Complaint.
6.
Plaintiff purports to bring this action to remedy discrimination on the basis of gender, age and
2
national origin in violation of the New York State Human Rights Law (NYSHRL) and the
New York City Human Rights Law (NYCHRL), and that Plaintiff purports to seek injunctive
and declaratory relief, compensatory and punitive damages, and other appropriate and legal and
equitable relief.
AS TO THE PARTIES
7.
Deny the allegations set forth in Paragraph 7 of the Complaint, except admit on
information and belief that Plaintiff is an American citizen and a Hispanic female, and that
Plaintiff resides in the State of New Jersey; and admit that Plaintiff is currently employed by
MLB as a Director, and that prior to February 1, 2015, Plaintiff was employed by MLB as
Director of Baseball Initiatives.
8.
Defendant Office of the Commissioner of Baseball, doing business as MLB, is an unincorporated

association comprising thirty Major League baseball clubs; that the Office of the Commissioner
is the executive office that, inter alia, is ultimately responsible for the recruiting, hiring, training
and retention of MLB executives and managers; and that MLBs office is located at 245 Park
Avenue in the Count of New York and City and State of New York.
9.
Selig served as Commissioner (or acting Acting Commissioner) of MLB from September 7,
1992 through January 24, 2015 and is a citizen of the State of Wisconsin, and aver that the
responsibilities of the role of Commissioner are set forth in the Major League Constitution.
10.
Admit the allegations set forth in Paragraph 10 of the Complaint, except aver that
Robinson served as MLB Executive Vice President of Baseball Development from June 2012
until February 1, 2015, when he became Senior Advisor to the Commissioner and Honorary
American League President.
AS TO JURISDICTION AND VENUE
11.
Plaintiff purports to invoke this Courts jurisdiction pursuant to 28 U.S.C. 1332(a)(1) and
(c)(1).
12.
Plaintiff purports to base venue in the Southern District of New York pursuant to 28 U.S.C.
1391(b)(2).
13.
Plaintiff purports to invoke this Courts jurisdiction pursuant to Title VII of the Civil Rights Act
of 1964, 42 U.S.C. 2000e (Title VII), the Age Discrimination in Employment Act of 1967,
29 U.S.C. 621 (the ADEA), and 28 U.S.C. 1331 and 1343(a)(3), and purports to invoke
this Courts supplemental jurisdiction over claims under the NYSHRL and NYCHRL pursuant to
28 U.S.C. 1367.
14.
Deny knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph 14 of the Complaint.

15.

AS TO PROCEDURAL AND ADMINISTRATIVE REQUIREMENTS
16.
Deny the allegations set forth in Paragraph 16 of the Complaint, except admit
that: Plaintiff filed a Charge of Discrimination with the United States Equal Employment
4
Opportunity Commission (EEOC) in or about August 2014 and was assigned federal charge
number 520-2014-02288; the EEOC sent a Notice of Right to Sue to Plaintiff on or about
December 31, 2014; and the Complaint was filed within 90 days of the Notice of Right to Sue.
17.
Plaintiff purports to amend her Complaint to add claims under Title VII.
AS TO JURY DEMAND
18.
Admit that Plaintiff requests a jury trial in this matter, but deny that a jury trial is
warranted or that Plaintiff is entitled to any relief whatsoever.

AS TO FACTS COMMON TO ALL COUNTS
As to Linds Background and Employment History with MLB
As to MLB Legal Department
19.
Plaintiff earned a J.D. degree from Fordham Law School in 1995 and Plaintiff began working as
Legal Supervisor at MLB Properties on November 21, 1995.
20.
21.
Deny the allegations set forth in Paragraph 21 of the Complaint, except admit on
information and belief that when hired, Plaintiff was the only Hispanic female with a law degree
in the legal department of MLB Properties.
22.
Phil Kahn was a white male who was hired as a staff attorney in the legal department of MLB
Properties.
23.
24.
As to Transfer to Minor League Operations in MLB

25.
in or around June 1997, Plaintiff responded to an internal MLB job posting and was hired by
Solomon (also an attorney) to the position of Supervisor of Minor League Operations in the
Office of the Commissioner.
26.
27.

28.
during the time that Plaintiff worked as Supervisor of Minor League Operations, the Futures
Game was created, and that during her tenure at MLB, Plaintiff has had certain job duties related
to the Futures Game.
29.
on or around March 31, 2000, Plaintiff was promoted to Manager of Minor League Operations
within MLB, in which role her responsibilities included presiding over Farm Directors
Meetings, reviewing ownership transactions and relocations of Minor League Clubs,
administering the Player Development Contract reaffiliation process, serving as liaison with
Minor League Baseball, and maintaining relationships between Major League Clubs and their
Minor League affiliates.
30.
Admit on information and belief the allegations set forth in Paragraph 30 of the
Complaint.
31.
Solomon was an Executive Vice President during 2005.

As to Involvement in New Project Initiatives
32.
the Urban Youth Academy in Compton opened in 2006, and admit on information and belief that
Plaintiff was involved in the planning process for the Academy.
33.
in late 2006, Plaintiff participated in the creation of the Civil Rights Game, a series of events
intended to celebrate people who perpetuated the spirit of the Civil Rights movement, that Selig
approved the concept and the first Civil Rights Game took place in 2007, and admit on
information and belief that in 2007 Plaintiff and Pat Scott also performed certain duties with
respect to Minor League operations.
34.

As to Hiring of Ben Baroody
35.
allegations set forth in Paragraph 35 of the Complaint, except admit that prior to the 2009 Civil
Rights Game in Cincinnati, Ohio, Pat Scott went out maternity leave.
36.
Baroody is a white male born in 1984, and that in September 2010, Baroody was promoted to the
7
position of Coordinator in Minor League Operations to replace Pat Scott, who left MLB shortly
after returning from maternity leave.
37.
in 2010, Solomon became Executive Vice President of the newly created Baseball Development
department and that Plaintiff was not considered for this position.
38.

39.
allegations set forth in Paragraph 39 of the Complaint, except admit that Plaintiff was Director of
Baseball Development during 2012.
As to Jimmie Lee Solomon Fired Frank Robinson Hired
40.
on or about June 4, 2012, Solomon separated from employment with MLB following the
expiration of his employment agreement.
41.
Admit on information and belief the allegations set forth in Paragraph 41 of the
Complaint.
42.
Plaintiff had reported to Solomon for many years and that Plaintiff was not considered for,
discussed with respect to or offered Solomons previous position.
As to Hall of Famer Frank Robinson Replaced Jimmie Lee Solomon
43.
Admit the allegations set forth in Paragraph 43 of the Complaint.
44.
As to June 2012 Initial Working Relationship with Frank Robinson

45.
during All-Star Week in 2012 in Kansas City, Robinson asked Plaintiff to handle various matters
consistent with her job responsibilities and, on information and belief, Pat Hemm was working
with the Commissioner.
46.
47.
Baroody was reassigned from Baseball Operations to Baseball Development.

48.

49.
50.
during the first several months of Robinsons tenure as Executive Vice President of Baseball
Development, he held conversations concerning the future of the department and decided that all
staff members in the department would report directly to him.
51.
52.
Robinson requested written status updates from all staff members reporting to him.
53.
54.
Robinson asked Plaintiffs opinion of how Baroody had been performing thus far, and Plaintiff
responded that Baroody was intelligent and hard-working but had some things to learn.
As to Plaintiffs First Written Evaluation from Mr. Robinson
55.
in or around January 2013, Robinson met with Plaintiff in her office and provided her with a
written evaluation of her performance, and deny knowledge or information sufficient to form a
belief as to the truth of the allegations concerning Plaintiffs alleged reaction to the evaluation.
56.
Plaintiff met with Robinson and Ray Scott, Senior Vice President of Human Resources,
concerning the evaluation, and that neither Scott nor any member of the Human Resources
department had been present at discussions of Plaintiffs prior evaluations.
57.
58.
59.
in or around August 2013, after the Civil Rights Game was held, Robinson told Lind that things
had generally gone well, but aver that Robinson also criticized Plaintiffs performance with
respect to the Game.
60.
Robinson requested that Lind write a memorandum concerning the 2013 Civil Rights Game, and
that Lind complied, although not to Robinsons specifications.
10
As to Unwarranted Reassignment of Plaintiffs Duties and Responsibilities

61.
in or around September 2012, Robinson informed Plaintiff that he was reorganizing the Baseball
Development department, in a meeting at which Ray Scott was present.
62.
shortly after the 2012 Futures Game, Robinson informed Plaintiff that her responsibilities going
forward would be limited to the Civil Rights Game, and that the Futures Game was being
transferred to Baroody; and admit that Baroody later assumed control over the Urban Youth
Academies.
63.
Plaintiff expressed to Robinson her disappointment at the reassignment of her duties, that she felt
that she had come up with the idea of the Futures Game and that it was unfair to take the Game
away from her.
64.
Robinson told Plaintiff he would think about the Futures Game and ultimately told her that his
decision was final.
65.
Baroody e-mailed Plaintiff regarding his presentation on the Futures Game.

66.
As to Unsubstantiated Allegations of Plaintiffs Job Performance

67.
on one occasion, Robinson informed Plaintiff that others had commented about her drinking and
11
missing meetings at the Winter Meetings, and that when Plaintiff denied this, Robinson said,
Never? Thats an awful long time.
68.
69.
As to Mr. Robinsons Directive to Work with His Daughter (Non-MLB Employee)

70.
71.
Admit the allegations set forth in the first sentence of Paragraph 71 of the
Complaint, except admit on information and belief the allegations set forth in the second and
third sentences of Paragraph 71 of the Complaint.
72.
73.
Deny the allegations set forth in Paragraph 73 of the Complaint, except admit the
second sentence of Paragraph 73 of the Complaint, admit that Nichelle Robinson (Nichelle)
requested changes to a form invitation letter that Plaintiff provided, and admit that Morgan
Freeman, Carlos Santana, and Muhammad Ali had in previous years accepted the award now
being presented to Berry Gordy (Gordy).
74.

75.
allegations set forth in Paragraph 75 of the Complaint, except deny the third sentence of
Paragraph 75 of the Complaint.
12
76.

77.
Robinson told Plaintiff that Nichelle should be the contact person for Gordy.
78.
79.
Deny knowledge or information sufficient to form a belief as to the truth of
allegations set forth in Paragraph 79 of the Complaint, except deny that Nichelle acted as though
she was Plaintiffs supervisor, and admit that there were e-mails concerning Plaintiffs
conversations with Nansci Neiman-LeGette, and respectfully refer the Court to those e-mails for
their content.
80.
As to Plaintiffs Second Evaluation from Robinson

81.
on or around February 18, 2014, Robinson and Plaintiff had a brief discussion about Plaintiffs
performance, prior to Robinsons provision of a written evaluation of Plaintiffs performance for
2013.
82.
Robinson told Plaintiff that he had seen limited improvement in her performance and that
Plaintiff needed to improve her communication, in part because others had told Robinson that
Plaintiff failed to respond promptly to messages.
83.
Robinson told Plaintiff on several occasions that she needed to communicate better with
13
Baroody, and that Plaintiff told Robinson that she felt Baroody failed to communicate well with
her.
84.
Robinson informed Plaintiff in or around January 2014 that Baroody was being promoted and
that Plaintiff would be reporting directly to Baroody, that Plaintiff expressed displeasure at this
decision, and that Robinson told Plaintiff that he was not going to fire her.
As to Plaintiffs Second Written Evaluation
85.
on or around March 17, 2014, Plaintiff received notice that she was required to comment on her
written performance appraisal, and deny knowledge or information sufficient to form a belief as
to the truth of the allegation that Plaintiff refused to respond to the review until she had consulted
with counsel.
86.
Plaintiff submitted the quoted language (with minor distinctions) in response to her written
evaluation on or about April 6, 2014.
87.
Ron Rydell, MLB Director of Organization, Development and Training within Human
Resources, set up a one-on-one meeting with Plaintiff to discuss the concerns she raised in
response to her evaluation.
88.
89.
14
As to April 28, 2014 Meeting Concerning Retaliatory Disciplinary Action

90.
91.
92.
93.
94.
Plaintiff copied Robinson and Baroody on an email that Plaintiff sent to Karen Chatman on April
16, 2014.
95.
96.
97.
As to April 29, 2014 Rydells Inappropriate and Unprofessional Slanderous Comment

98.

99.

100.

101.
15
As to May 20, 2014 Follow up Meeting Robinsons Blatant Discriminatory Remark

102.
allegations set forth in Paragraph 102 of the Complaint, except admit that on or about May 20,
2014, Robinson met with Plaintiff as well as Baroody and Rydell to discuss Plaintiffs 2013
performance evaluation.
103.
104.
that Robinson addressed several topics during the meeting including his disagreement with
Plaintiff about the previous oral evaluation, and that Robinson told Plaintiff that for all the time
that she had been at MLB, she should be higher, but that the problem was Plaintiff herself.
105.
that Robinson expressed that he felt that he had invested in Plaintiff which he had never done
for anyone in 60 years and tried to help her improve.
106.
that Robinson tried to express that an employees gender was irrelevant to him and that being a
woman does not limit Plaintiffs ability to do her job or do her job well, and that Robinson noted
that there were few people of color (i.e., African-Americans) in the building, including in the
intern pool.
107.
108.
109.
16
110.
that Plaintiff was asked to respond to Robinsons comments and Plaintiff stated that she did not
have anything to say, and Robinson responded with words to the effect that Plaintiff does not say
anything negative to him in person, but only later puts negative things in writing.
111.
that early in the working relationship between Robinson and Plaintiff, Rydell told Robinson that
he should tell Plaintiff when he was unhappy with her work; that Robinson told Rydell that he
would not meet with Plaintiff every time he was unhappy; and that Robinson stated at the May
20, 2014 meeting that he would no longer have a conversation with Plaintiff alone.
112.
113.
114.
As to Second Retaliatory Act

115.
that on or about July 25, 2014, Plaintiff was randomly selected by an independent third party for
drug testing pursuant to MLBs Drug Policy and Prevention Program for non-playing personnel.
116.
that Plaintiff had never before been subjected to drug testing.

117.
118.
17
As to Facts Outlining Defendants [sic] Discriminatory Policies and Practices

119.
120.
121.
Admit the allegations set forth in Paragraph 121 of the Complaint, except aver
that Steve Gonzalez is currently MLBs Senior Vice President and Deputy General Counsel,
Labor & Human Resources; deny knowledge or information sufficient to form a belief as to the
truth of the allegations regarding Baseball Advanced Media; and deny that Lou Melendez was
encouraged to take early retirement.
122.
123.
124.
Admit that no Hispanic females hold the title of Vice President or above at MLB,
as set forth in Paragraph 124 of the Complaint, except admit on information and belief that no
Hispanic females have held such a title during Plaintiffs tenure at MLB.
125.
126.
that when Robinson served as the first Vice President of On-Field Operations, he hired a white
male in his twenties; and that when that individual left to work for the Texas Rangers, Robinson
hired another white male in his twenties as a replacement.
127.
128.
18
129.
Deny the first sentence of Paragraph 129 of the Complaint, and deny knowledge
or information sufficient to form a belief as to the truth of the remaining allegations in Paragraph
129 of the Complaint, except admit that Selig sent Plaintiff a congratulatory letter in 2006
concerning her receipt of an award from Entre Nosotras, and respectfully direct the Court
thereto.
130.
that Plaintiff had not received any formal disciplinary action at MLB prior to the April 2014
disciplinary action.
131.
Decline to respond to the hypothetical statement set forth in the preamble of
Paragraph 131 of the Complaint, as it does not contain any factual allegations.
(a)
Deny the allegations set forth in Paragraph 131, Subparagraph (a) of the
Complaint, except admit that Plaintiff has been given latitude to exercise professional discretion
throughout her tenure at MLB.
(b)
Deny the allegations set forth in Paragraph 131, Subparagraph (b) of the
Complaint, except admit that Plaintiff was assigned as a liaison to two World Baseball Classic
(WBC) teams for 2012, and that Plaintiff had some involvement in the 2006 and 2009 WBCs.
(c)
Deny the allegations set forth in Paragraph 131, Subparagraph (c) of the
Complaint, except admit that Plaintiff has interacted with Hispanic media outlets regarding the
Civil Rights Game.
(d)
Deny the allegations set forth in Paragraph 131, Subparagraph (d) of the
Complaint.
19
(e)
Deny the allegations set forth in Paragraph 131, Subparagraph (e) of the
Complaint.
(f)
Deny the allegations set forth in Paragraph 131, Subparagraph (f) of the
Complaint, except admit that Robinson told Plaintiff that her writing was poor, and deny
knowledge or information sufficient to form a belief as to the truth of the allegations regarding
the speech that Plaintiff allegedly wrote for Maya Angelou.
(g)
Deny the allegations set forth in Paragraph 131, Subparagraph (g) of the
Complaint, except admit that Robinson had, on occasion, told Plaintiff that he liked to have her
at meetings.
(h)
Deny the allegations set forth in Paragraph 131, Subparagraph (h) of the
Complaint.
132.
133.

AS TO FIRST CAUSE OF ACTION
Gender Discrimination under 42 U.S.C. 2000e against BOC, Selig and Robinson
134.
Repeat and reallege their responses to paragraphs 1-133 of the Complaint as their
response to paragraph 134 of the Complaint.

135.
136.
137.
138.
20
139.

AS TO SECOND CAUSE OF ACTION
Gender Discrimination under the Executive Law against BOC, Selig and Robinson
140.

141.
142.
143.
144.
145.

AS TO THIRD CAUSE OF ACTION
Gender Discrimination under the Administrative Code against BOC, Selig and Robinson
146.

147.
148.
149.
150.
151.
152.
21
AS TO FOURTH CAUSE OF ACTION

National Origin Discrimination under 42 U.S.C. 2000e Against BOC, Selig and
Robinson
153.

154.
155.
156.
157.
158.
AS TO FIFTH CAUSE OF ACTION

National Origin Discrimination under the Executive Law Against BOC, Selig and
Robinson
159.

160.
161.
162.
163.
164.
22
AS TO SIXTH CAUSE OF ACTION

National Origin Discrimination under the Administrative Code Against BOC, Selig and
Robinson
165.

166.
167.
168.
169.
170.
171.

AS TO SEVENTH CAUSE OF ACTION
Age Discrimination under the Age Discrimination in Employment Act of 1967,

29 U.S.C. 621, Against BOC, Selig and Robinson
172.

173.
174.
175.
176.
177.
23
AS TO EIGHTH CAUSE OF ACTION

Age Discrimination under the Executive Law Against BOC, Selig and Robinson
178.

179.
180.
181.
182.
183.

AS TO NINTH CAUSE OF ACTION
Age Discrimination under the Administrative Code Against BOC, Selig and Robinson
184.

185.
186.
187.
188.
189.
190.
24
AS TO TENTH CAUSE OF ACTION

Retaliation under 42 U.S.C. 2000e Against BOC, Selig and Robinson
191.

192.
193.
194.
195.
196.

AS TO ELEVENTH CAUSE OF ACTION
Retaliation under the Executive Law Against BOC, Selig and Robinson
197.

198.
199.
200.
201.
202.
25
AS TO TWELFTH CAUSE OF ACTION

Retaliation under the Administrative Code Against BOC, Selig and Robinson
203.

204.
205.
206.
207.
208.
209.

AS TO PRAYER FOR RELIEF
210.
Deny that Plaintiff is entitled to any relief as requested in this section of the
Complaint and the subparagraphs contained therein, or to any relief whatsoever.

AS AND FOR A FIRST AFFIRMATIVE DEFENSE
211.
The Complaint fails, in whole or in part, to state a claim upon which relief can be
granted or for which the damages sought may be awarded.

AS AND FOR A SECOND AFFIRMATIVE DEFENSE
212.
Plaintiffs claims may be barred, in whole or in part, by the applicable statutes of
limitations or filing periods.
26
AS AND FOR A THIRD AFFIRMATIVE DEFENSE

213.
Plaintiffs claims are barred, in whole or in part, as to any matters for which
Plaintiff failed to satisfy the statutory and/or administrative prerequisites to commencing and
maintaining this action.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
214.
Plaintiff has not been damaged by any of Defendants actions.

AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
215.
If damaged, which Defendants expressly deny, Plaintiff has failed to make
reasonable and diligent efforts to mitigate damages.

AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
216.
The Complaint fails to state a claim upon which an award of punitive damages
can be granted.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
217.
Plaintiff is not entitled to recover punitive damages because, at all relevant times,
Defendants engaged in good faith efforts to comply with all of their contractual and statutory
obligations.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
218.
Plaintiff is not entitled to attorneys fees and costs under some of the causes of
action as demanded in the Complaint.

AS AND FOR A NINTH AFFIRMATIVE DEFENSE
219.
Defendants actions with respect to Plaintiff were taken for legitimate, lawful,
non-discriminatory and non-retaliatory reasons.

27
AS AND FOR AN TENTH AFFIRMATIVE DEFENSE

220.
Even if impermissible considerations were a factor in the challenged employment
actions, which Defendants expressly deny, the same actions would have been taken for lawful,
non-discriminatory and non-retaliatory reasons.
AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE
221.
At all times relevant herein, including prior to the alleged discriminatory and
retaliatory acts referred to in the Complaint, Defendants have established and complied with
policies, programs, and procedures for the prevention and detection of unlawful discriminatory
and retaliatory practices.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
222.
At all times relevant herein, including prior to the alleged discriminatory and
retaliatory acts referred to in the Complaint, Defendants exercised reasonable care to prevent and
promptly correct any discriminatory and retaliatory behavior, and Plaintiff unreasonably failed to
take advantage of the preventative and/or corrective opportunities or to avoid harm otherwise.
AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
223.
Defendants liability and penalties, if any, should be mitigated by virtue of the
factors set forth in the New York City Administrative Code 8-107(13)(d) and (e).
AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
224.
Plaintiffs claims for damages based upon emotional, mental or physical injuries
are barred by the exclusivity provisions of the applicable workers compensation laws.
28
AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE

225.
The alleged harassing conduct about which Plaintiff complains consists of nothing
more than what a reasonable person would consider petty slights and trivial inconveniences.
Defendants reserve their rights to modify this Answer and/or to assert additional
affirmative defenses should they become aware of additional defenses during the course of
discovery, as set forth in Rule 8 of the Federal Rules of Civil Procedure.
WHEREFORE, Defendants demand judgment against Plaintiff dismissing the
Complaint in its entirety with prejudice, together with an award of reasonable attorneys fees, the
costs and disbursements of this action, and such other and further relief as this Court deems just,
proper and equitable.
Dated: March 30, 2015

New York, New York
PROSKAUER ROSE LLP

/s/ Kathleen M. McKenna_____________
Kathleen M. McKenna
Andrew E. Rice
11 Times Square
New York, New York 10036
Phone: (212) 969-3000
Fax: (212) 969-2900
Email: kmckenna@proskauer.com
arice@proskauer.com
Attorneys for Defendants
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Case 1:14-cv-09786-PAC Document 17 Filed 03/30/15 Page 1 of 29

PROSKAUER ROSE LLP

Defendants Office of the Commissioner of Baseball (MLB), Allan H. Bud Selig

Case 1:14-cv-09786-PAC Document 17 Filed 03/30/15 Page 2 of 29

Deny the allegations set forth in Paragraph 5 of the Complaint.

Case 1:14-cv-09786-PAC Document 17 Filed 03/30/15 Page 3 of 29

Defendant Office of the Commissioner of Baseball, doing business as MLB, is an unincorporated

Case 1:14-cv-09786-PAC Document 17 Filed 03/30/15 Page 4 of 29

Deny knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in Paragraph 14 of the Complaint.

Deny knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in Paragraph 15 of the Complaint.

Case 1:14-cv-09786-PAC Document 17 Filed 03/30/15 Page 5 of 29

warranted or that Plaintiff is entitled to any relief whatsoever.

Deny the allegations set forth in Paragraph 20 of the Complaint.

Case 1:14-cv-09786-PAC Document 17 Filed 03/30/15 Page 6 of 29

Deny the allegations set forth in Paragraph 23 of the Complaint.

Deny the allegations set forth in Paragraph 24 of the Complaint.

As to Transfer to Minor League Operations in MLB

Deny the allegations set forth in Paragraph 26 of the Complaint.

Deny knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in Paragraph 27 of the Complaint.

Case 1:14-cv-09786-PAC Document 17 Filed 03/30/15 Page 7 of 29

Solomon was an Executive Vice President during 2005.

Deny knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in Paragraph 34 of the Complaint.

Deny knowledge or information sufficient to form a belief as to the truth of the

Case 1:14-cv-09786-PAC Document 17 Filed 03/30/15 Page 8 of 29

Deny knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in Paragraph 38 of the Complaint.

Deny knowledge or information sufficient to form a belief as to the truth of the

Admit the allegations set forth in Paragraph 43 of the Complaint.

Case 1:14-cv-09786-PAC Document 17 Filed 03/30/15 Page 9 of 29

Deny the allegations set forth in Paragraph 44 of the Complaint.

As to June 2012 Initial Working Relationship with Frank Robinson

Deny the allegations set forth in Paragraph 46 of the Complaint.

Baroody was reassigned from Baseball Operations to Baseball Development.

Deny knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in Paragraph 48 of the Complaint.

Deny the allegations set forth in Paragraph 49 of the Complaint.

Deny the allegations set forth in Paragraph 51 of the Complaint.

Admit the allegations set forth in Paragraph 53 of the Complaint.

Case 1:14-cv-09786-PAC Document 17 Filed 03/30/15 Page 10 of 29

Deny the allegations set forth in Paragraph 57 of the Complaint.

Deny the allegations set forth in Paragraph 58 of the Complaint.

Case 1:14-cv-09786-PAC Document 17 Filed 03/30/15 Page 11 of 29

As to Unwarranted Reassignment of Plaintiffs Duties and Responsibilities

Baroody e-mailed Plaintiff regarding his presentation on the Futures Game.

Deny the allegations set forth in Paragraph 66 of the Complaint.

As to Unsubstantiated Allegations of Plaintiffs Job Performance

Case 1:14-cv-09786-PAC Document 17 Filed 03/30/15 Page 12 of 29

Deny the allegations set forth in Paragraph 68 of the Complaint.

Deny the allegations set forth in Paragraph 69 of the Complaint.

As to Mr. Robinsons Directive to Work with His Daughter (Non-MLB Employee)

Admit the allegations set forth in Paragraph 70 of the Complaint.

Admit the allegations set forth in Paragraph 72 of the Complaint.

Deny knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in Paragraph 74 of the Complaint.

Deny knowledge or information sufficient to form a belief as to the truth of the

Case 1:14-cv-09786-PAC Document 17 Filed 03/30/15 Page 13 of 29

Deny knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in Paragraph 76 of the Complaint.

Deny the allegations set forth in Paragraph 78 of the Complaint.

Deny knowledge or information sufficient to form a belief as to the truth of

Lind v. Selig - MLB's Answer

Lind v. Selig - MLB's Answer