UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
DONALD G. GROSS
Civil Action No. 07-399 (EGS)
AKIN GUMP STRAUSS HAUER & FELD LLP
PLAINTIFF’S RESPONSE TO DEFENDANT’S MOTION TO AMEND ANSWER AND
Comes now Plaintiff Donald G. Gross and responds to Defendant’s Motion to Amend
Answer and File Counterclaims (“Motion”). In its Motion, Defendant sets forth a new “after-
acquired evidence” defense and two counterclaims for breach of duty of loyalty and tortious
interference with economic advantage.
Defendant’s new affirmative defense and counterclaims are devoid of merit, and Defendant
cannot make out the elements of any of these new claims. Moreover, Defendant’s decision to file
the amendments and proposed counterclaims after the initiation of Plaintiff’s lawsuit is intended to
create a chilling effect on Plaintiff’s pursuit of his discrimination claims and is, therefore, retaliatory.
Case 1:07-cv-00399-EGS Document 13 Filed 07/09/2007 Page 1 of 3
GROSS v. AKIN GUMP STRAUSS HAUER & FELD LLP
Given the liberal amendment and supplementation standards under Rule 15, however,
Plaintiff will not otherwise offer grounds under that Rule in opposition to Defendant’s Motion. See
Fed. R. Civ. P. 15(a), 15(d).
WEBSTER, FREDRICKSON & BRACKSHAW
/s/ Jonathan C. Puth
Jonathan C. Puth #439241
Kataryna L. Baldwin # 494439
1775 K Street, N.W.
Washington, D.C. 20006
Attorneys for Plaintiff
Case 1:07-cv-00399-EGS Document 13 Filed 07/09/2007 Page 2 of 3
CERTIFICATE OF SERVICE
I hereby certify that on this 9th day of July, 2007, a copy of the forgoing Response to
Defendant’s Motion to Amend Answer and File Counterclaims was sent by first class mail, postage
prepaid, and transmitted electronically to:
Christine Nicolaides Kearns