MON-L-001666-21 06/21/2021 9:19:45 AM Pg 1 of 13 Trans ID: LCV20211476374

GORDON REES SCULLY MANSUKHANI, LLP

Peter G. Siachos, Esq. (NJ Attorney ID: 040892005
Matthew P. Gallo, Esq. (NJ Attorney ID: 903082012)
18 Columbia Turnpike, Suite 220
Florham Park, NJ 07932
Phone: (973) 549-2500
Fax: (973) 377-1911

Attorneys for Defendants Howell Animal Hospital LLC

Mahmoud Hussien, DVM and Diane Masera

CARLY SUCHECKI, SUPERIOR COURT OF NEW JERSEY

LAW DIVISION: MONMOUTH COUNTY
Plaintiff, DOCKET NO.: MON-L-1666-21
v. Civil Action
HOWELL ANIMAL HOSPITAL LLC,
MAHMOUD HUSSEIN AND DIANE MASERA; DEFENDANTS’ ANSWER AND
ABC CORPORATIONS 1-5 AND JOHN DOES 1- AFFIRMATIVE DEFENSES TO
5; PLAINTIFF’S COMPLAINT

Defendants.

Defendants Howell Animal Hospital LLC, Mahmoud Hussien, DVM (improperly pled as

Mahmoud Hussein), and Diane Masera (collectively, “Defendants”), by and through their

undersigned counsel, and for their answer and other defenses to Plaintiff Carly Suchecki’s

Complaint (“Complaint”), state as follows:

PRELIMINARY STATEMENT

Defendants categorically deny the inflammatory and utterly false allegations in Plaintiff’s

Preliminary Statement. Plaintiff was terminated for violation of company rules after she left the

State of New Jersey and traveled to North Carolina for a personal vacation, during the global

COVID-19 pandemic, and without providing any prior notice, or obtaining permission for time

off, from her employer. Plaintiff’s pregnancy had nothing to do with her termination. Defendants

never cut Plaintiff’s hours (or shifts) and it was Plaintiff who asked to work less because she was
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tired from working for her other job at her family business. In fact, Dr. Hussein went out of his

way to celebrate Plaintiff (and her baby) and giving her extra money for her wedding, baby shower,

and in her Christmas bonus to assist with her upcoming expenses. No good deed goes unpunished.

THE PARTIES

1. Defendants deny knowledge or information sufficient to form a belief as to the truth

of the allegations contained in paragraph 1 of the Complaint and, therefore, deny those allegations.

2. The allegations contained in paragraph 2 of the Complaint call for legal conclusions

to which no response is required. To the extent a response is deemed required, Defendants admit

that Howell Animal Hospital operates within the State of New Jersey.

3. The allegations contained in paragraph 3 of the Complaint call for legal conclusions

to which no response is required. To the extent a response is deemed required, Defendants admit

that Dr. Hussein is the owner of Howell Animal Hospital.

4. The allegations contained in paragraph 4 of the Complaint call for legal conclusions

to which no response is required. To the extent a response is deemed required, Defendants admit

that Ms. Masera is the Office Manager of Howell Animal Hospital.

5. Defendants deny knowledge or information sufficient to form a belief as to the truth

of the allegations contained in paragraph 5 of the Complaint and, therefore, deny those allegations.

6. Defendants deny knowledge or information sufficient to form a belief as to the truth

of the allegations contained in paragraph 6 of the Complaint and, therefore, deny those allegations.

FACTS COMMON TO ALL CLAIMS

7. Defendants refer to Howell Animal Hospital’s policies for the language and content

related to discrimination and retaliation and deny any inconsistencies therewith.

8. Defendants refer to the Employee Handbook of Howell Animal Hospital for the

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language and content related to its zero-tolerance policies and deny any inconsistencies therewith.

9. Defendants refer to Howell Animal Hospital’s policies for the language and content

related to its reporting requirements (of discrimination and retaliation) and deny any

inconsistencies therewith.

10. Defendants refer Howell Animal Hospital’s policies for the language and content

related to its investigation of complaints and deny any inconsistencies therewith.

11. Defendants refer to Howell Animal Hospital’s policies for the language and content

related to its investigation of complaints and deny any inconsistencies therewith.

12. Defendants refer to Howell Animal Hospital’s policies for the language and content

related to remedial measures policy and deny any inconsistencies therewith.

13. Defendants deny the allegations contained in Paragraph 13 of the Complaint.

14. Defendants deny the allegations contained in Paragraph 14 of the Complaint.

15. Defendants deny the allegations contained in Paragraph 15 of the Complaint.

Defendants’ Discriminated against Plaintiff on the Basis of her Pregnancy

16. Except to admit that Plaintiff notified Defendants of her pregnancy in or about June

2020, Defendants deny knowledge or information sufficient to form a belief as to the truth of the

allegations contained in paragraph 16 of the Complaint.

17. Defendants deny the allegations contained in Paragraph 17 of the Complaint.

18. Defendants deny the allegations contained in Paragraph 18 of the Complaint.

19. The allegations contained in paragraph 19 of the Complaint call for legal

conclusions to which no response is required. To the extent a response is deemed required,

Defendants deny any inference of liability and leave Plaintiff to her proofs.

20. Defendants deny the allegations contained in paragraph 20 of the Complaint.

21. Defendants deny the allegations contained in paragraph 21 of the Complaint.

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22. Defendants deny the allegations contained in paragraph 22 of the Complaint.

23. Defendants deny the allegations contained in paragraph 23 of the Complaint.

24. Defendants deny the allegations contained in paragraph 24 of the Complaint.

25. Defendants deny the allegations contained in paragraph 25 of the Complaint.

26. Defendants deny the allegations contained in paragraph 26 of the Complaint.

27. Defendants deny the allegations contained in paragraph 27 of the Complaint.

B. Defendants Retaliated against Plaintiff for Getting Pregnant by Unlawfully

Terminating Her Employment Under False Pretenses
28. Defendants deny the allegations contained in paragraph 28 of the Complaint.

Plainitff admitted in text messages to Masera that she forgot to request leave or notify her employer

about her upcoming vacation to North Carolina.

29. Defendants deny the allegations contained in paragraph 29 of the Complaint.

30. Defendants deny the allegations contained in paragraph 30 of the Complaint.

31. Defendants deny the allegations contained in paragraph 31 of the Complaint.

Plaintiff never advised anyone at Howell Animal Hospital prior to her departure that she planned

to leave the State of New Jersey on vacation.

32. Except to admit that Plaintiff finally advised Masera via text message on December

29, 2020 that she was in North Carolina and would have to quarantine for two weeks, Defendants

deny the allegations contained in paragraph 32 of the Complaint.

33. Defendants deny the allegations contained in paragraph 33 of the Complaint.

34. Defendants admit that Plaintiff never advised anyone at Howell Animal Hospital

prior to her departure that she planned to leave the State of New Jersey on vacation. In fact,

Plaintiff admitted via text message that she “forgot to fill out paperwork” requesting vacation/PTO.

35. Defendants admit that Dr. Hussein was upset that Plaintiff blatantly violated

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company policy regarding vacation and time off.

36. Defendants admit that Plaintiff was notified of her termination on or about

December 29, 2020 for violating company policy.

37. Defendants deny the allegations contained in paragraph 37 of the Complaint.

38. Defendants deny the allegations contained in paragraph 38 of the Complaint.

39. Defendants deny the allegations contained in paragraph 39 of the Complaint.

40. Defendants admit that Plaintiff never advised anyone at Howell Animal Hospital

prior to her departure that she planned to leave the State of New Jersey on vacation. In fact,

Plaintiff admitted via text message that she “forgot to fill out paperwork” requesting vacation/PTO.

41. Defendants deny the allegations contained in paragraph 41 of the Complaint.

42. The allegations contained in paragraph 42 of the Complaint call for legal

conclusions to which no response is required. To the extent a response is deemed required,

Defendants deny any inference of liability and leave Plaintiff to her proofs.

43. The allegations contained in paragraph 43 of the Complaint call for legal

conclusions to which no response is required. To the extent a response is deemed required,

Defendants deny any inference of liability and leave Plaintiff to her proofs.

44. Defendants deny the incomplete and piecemeal text message conversation

reproduced in paragraph 44 of the Complaint. The remainder of the text message thread contains

a glaring admission from Plaintiff that she “forgot to fill out paperwork” requesting vacation/PTO.

45. Defendants deny the allegations contained in paragraph 45 of the Complaint.

46. Defendants deny the allegations contained in paragraph 46 of the Complaint.

47. Defendants deny the allegations contained in paragraph 47 of the Complaint.

48. Defendants deny the allegations contained in paragraph 48 of the Complaint.

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Plaintiff was terminated for violating company policy regarding requesting vacation/PTO.

49. The allegations contained in paragraph 49 of the Complaint call for legal

conclusions to which no response is required. To the extent a response is deemed required,

Defendants deny any inference of liability and leave Plaintiff to her proofs.

50. The allegations contained in paragraph 50 of the Complaint call for legal

conclusions to which no response is required. To the extent a response is deemed required,

Defendants deny any inference of liability and leave Plaintiff to her proofs.

51. The allegations contained in paragraph 51 of the Complaint call for legal

conclusions to which no response is required. To the extent a response is deemed required,

Defendants deny any inference of liability and leave Plaintiff to her proofs.

COUNT ONE
LAD – DISCRIMIATION, HOSTILE WORK ENVIRONMENT, AND WRONGFUL
TERMINATION ON THE BASIS OF PREGNANCY

52. As their answer to paragraph 52 of the Complaint, Defendants repeat and reassert

their responses to the allegations contained in paragraphs 1 through 51 above as if fully set forth

herein.

53. The allegations contained in paragraph 53 of the Complaint call for legal

conclusions to which no response is required. To the extent a response is deemed required,

Defendants deny any inference of liability and leave Plaintiff to her proofs.

54. Defendants deny the allegations contained in paragraph 54 of the Complaint.

55. Defendants deny the allegations contained in paragraph 55 of the Complaint.

56. Defendants deny the allegations contained in paragraph 56 of the Complaint.

57. Defendants deny the allegations contained in paragraph 57 of the Complaint.

58. Defendants deny the allegations contained in paragraph 58 of the Complaint.

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59. Defendants deny the allegations contained in paragraph 59 of the Complaint.

60. Defendants deny the allegations contained in paragraph 60 of the Complaint.

61. Defendants deny the allegations contained in paragraph 61 of the Complaint.

62. Defendants deny the allegations contained in paragraph 62 of the Complaint.

WHEREFORE, Defendants deny the allegations contained in the First Cause of Action

of the Complaint and further deny that Plaintiff is entitled to any of the damages or relief sought

in the WHEREFORE clause on pages 12 and 13 of the Complaint, or to any other damages or

relief.

COUNT TWO
LAD – RETALIATION/IMPROPER REPRISAL

63. As their answer to paragraph 63 of the Complaint, Defendants repeat and reassert

their responses to the allegations contained in paragraphs 1 through 62 above as if fully set forth

herein.

64. The allegations contained in paragraph 64 of the Complaint call for legal

conclusions to which no response is required. To the extent a response is deemed required,

Defendants deny any inference of liability and leave Plaintiff to her proofs.

65. The allegations contained in paragraph 65 of the Complaint call for legal

conclusions to which no response is required. To the extent a response is deemed required,

Defendants deny any inference of liability and leave Plaintiff to her proofs.

66. The allegations contained in paragraph 66 of the Complaint call for legal

conclusions to which no response is required. To the extent a response is deemed required,

Defendants deny any inference of liability and leave Plaintiff to her proofs.

67. Defendants deny the allegations contained in paragraph 67 of the Complaint.

WHEREFORE, Defendants deny the allegations contained in the Second Cause of Action

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of the Complaint and further deny that Plaintiff is entitled to any of the damages or relief sought

in the WHEREFORE clause on page 14-15 of the Complaint, or to any other damages or relief.

COUNT THREE
LAD – WRONGFUL TERMINATION

68. As their answer to paragraph 68 of the Complaint, Defendants repeat and reassert

their responses to the allegations contained in paragraphs 1 through 67 above as if fully set forth

herein.

69. The allegations contained in paragraph 69 of the Complaint call for legal

conclusions to which no response is required. To the extent a response is deemed required,

Defendants deny any inference of liability and leave Plaintiff to her proofs.

70. The allegations contained in paragraph 70 of the Complaint call for legal

conclusions to which no response is required. To the extent a response is deemed required,

Defendants deny any inference of liability and leave Plaintiff to her proofs.

71. The allegations contained in paragraph 71 of the Complaint call for legal

conclusions to which no response is required. To the extent a response is deemed required,

Defendants deny any inference of liability and leave Plaintiff to her proofs.

72. Defendants deny the allegations contained in paragraph 72 of the Complaint.

WHEREFORE, Defendants deny the allegations contained in the Third Cause of Action

of the Complaint and further deny that Plaintiff is entitled to any of the damages or relief sought

in the WHEREFORE clause on page 16 of the Complaint, or to any other damages or relief.

JURY DEMAND

Defendants admit that Plaintiff is seeking a trial by jury, but deny that a jury trial is required

or permitted because the Complaint fails to assert factual disputes permitting the Court to empanel

a jury to resolve any such disputes, and the causes of action plead in the Complaint require

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resolution and dismissal, with prejudice, as a matter of law under the laws of the State of New

Jersey and the Rules Governing the Courts of the State of New Jersey, including the Superior Court

of New Jersey Law Division, Monmouth County.

DESIGNATION OF TRIAL COUNSEL

Pursuant to Rule 4:25-4, Defendants hereby designate Peter G. Siachos, Esq. and Matthew

P. Gallo, Esq. as co-trial counsel.

AFFIRMATIVE AND OTHER DEFENSES

Defendants assert the following affirmative and other defenses without assuming any

burden of production or proof that they would not otherwise bear.

FIRST DEFENSE

Plaintiff fails to state a claim upon which relief may be granted.

SECOND DEFENSE

All of Plaintiff’s claims set forth in the Complaint violate New Jersey’s Frivolous

Litigation Statute, N.J.S.A. Section 2A:15-59.1 and she is, therefore, required to voluntarily

dismiss the Complaint, with prejudice, for the filing of the non-meritorious claims set forth in the

Complaint.

THIRD DEFENSE

Plaintiff’s claims are barred, in whole or in part, by the doctrines of consent, estoppel, claim

preclusion, issue preclusion, unclean hands and bad faith.

FOURTH DEFENSE

Defendants at all times, in all manners, acted in accordance with all duties and obligations

under federal, state, city, and local laws.

FIFTH DEFENSE

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Defendants state, in the alternative if necessary, that their actions with respect to Plaintiff

were taken in good faith in conformity with and in reliance on written administrative regulations,

orders, ruling approvals, interpretations, and/or administrative practices or policies pursuant to

federal, state, city, and local laws.

SIXTH DEFENSE

At all relevant times, Defendants conducted themselves in full compliance with all

requirements and obligations imposed by law, including all federal, state, city, and local laws,

administrative rules, statutes, ordinances, and regulations, and this compliance bars Plaintiff from

bringing the claims asserted in her Complaint.

SEVENTH DEFENSE

Plaintiff violated company policy with respect to vacation/PTO resulting in her

termination.

EIGHTH DEFENSE

Plaintiff’s pregnancy played no role in any alleged employment action or any other alleged

determination set forth in the Complaint and Defendants aver that all actions taken with regard to

Plaintiff and her employment and termination were based upon legitimate, non-discriminatory and

non-retaliatory reasons.

NINTH DEFENSE

Even if Plaintiff is entitled to recover damages, which Defendants expressly deny, Plaintiff

may be barred or limited from recovering damages based on her compliance with her duty, and/or

failure to comply with her duty, to mitigate said damages.

TENTH DEFENSE

Defendants in no way subjected Plaintiff to discrimination, harassment, or retaliation.

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ELEVENTH DEFENSE

Defendants exercised reasonable care to prevent and promptly eliminate any unlawful

discriminatory, harassing, and/or retaliatory conduct in the workplace; and, at all relevant times,

no such unlawful discriminatory, harassing and/or retaliatory conduct existed in the workplace.

TWELFTH DEFENSE

At all times relevant, Defendants had in place and continue to have in place policies

expressly prohibiting all forms of unlawful discrimination, harassment, and retaliation in the

workplace. These policies contain effective complaint procedures and non-retaliation provisions,

and are adhered to by Defendants. To the extent Plaintiff experienced or believes she experienced

discrimination, or retaliation of any kind, her claims are barred, in whole or in part, due to her

unreasonable failure to avail herself of the preventative and remedial measures made available to

her by Defendants.

THIRTEENTH DEFENSE

Plaintiff’s Complaint fails to plead facts necessary to sustain a claim for punitive damages,

which claim is barred in that Defendants did not act willfully, outrageously, or with malice or

reckless indifference toward Plaintiff.

FOURTEENTH DEFENSE

Plaintiff’s claims are barred in whole or in part by the doctrine of after-acquired evidence.

FIFTEENTH DEFENSE

Defendants reserve the right to assert such additional defenses as may appear and prove

applicable during the course of the litigation.

WHEREFORE, Defendants pray that the Court enter a judgment:

1. dismissing the Complaint with prejudice;

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2. granting to Defendants their costs, including attorneys’ fees, incurred in this

action; and

3. granting to Defendants such other and further relief as the Court may deem

just and proper.

DATED: June 21, 2021 Respectfully Submitted,

xcZ s/ Matthew P. Gallo, Esq.

Peter G. Siachos, Esq.
Matthew P. Gallo, Esq.

GORDON & REES LLP

18 Columbia Turnpike, Suite 220
Florham Park, New Jersey 07932
Tel: (973) 549-2507
Fax: (973) 377-1911

Attorneys for Defendants Howell Animal

Hospital LLC, Mahmoud Hussein, DVM and
Diane Masera

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CERTIFICATE OF SERVICE

I, Matthew P. Gallo, hereby certify that on this date I caused the original of the foregoing

Defendants’ Answer and Affirmative Defenses To Plaintiff’s Complaint to be served upon counsel

for Plaintiff via the Court’s electronic filing system at the following address:

Peter Valenzano, Esq.

McOmber McOmber & Luber, P.C.
54 Shrewsbury Ave Ste A
Red Bank, NJ 07701
Attorneys for Plaintiff

Executed on this 21st day of June, 2021.

s/ Matthew P. Gallo
Matthew P. Gallo, Esq.

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