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ANSWER to 21 Amended Complaint,, filed by Texas Tech University Health Sciences Center.

Grodman v. Texas Tech University Health Sciences Center, No. 5:23-cv-00210 (N.D. Tex.) · Dkt. 35 · 2024-08-08 · PDF

Text extracted from the PDF; scanned pages were read by OCR. The PDF is the authoritative copy.

Case 5:23-cv-00210-H

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
SCHYLER Z. GRODMAN, M.D.,
Plaintiff,
v.
TEXAS TECH UNIVERSITY HEALTH
SCIENCES CENTER,
Defendant.

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Civil Action No. 5:23-cv-00210

DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S
FIRST AMENDED COMPLAINT
TO THE HONORABLE JAMES WESLEY HENDRIX:
Defendant Texas Tech University Health Sciences Center (“Defendant” or “TTUHSC”)
files this Answer and Affirmative Defenses to Plaintiff’s First Amended Complaint (ECF No. 21).
The Defendant respectfully states the following:
Pursuant to Federal Rule of Civil Procedure 8(b), Defendant denies each and every
allegation contained in the Complaint except for those expressly admitted herein. The headings
and numbered paragraphs below directly correlate to the sections and numbered paragraphs of the
Complaint. Those titles and headings are reproduced in this Answer for organizational purposes
only, and Defendant does not admit any matter contained therein.
Defendant responds to the specifically numbered allegations of the Amended Complaint
as follows:
I.
1.

JURISDICTION AND VENUE

In this paragraph, Plaintiff makes reference to statutes that involve the jurisdiction

of this Court, and as such, requires no response except that Defendant denies that they have

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violated any statutes with regard to Plaintiff.
2.

In this paragraph, Plaintiff makes reference to venue that involve the jurisdiction of

this Court, and as such, requires no response except that Defendant admits that the majority of the
acts alleged in this Complaint took place within the boundaries of this district.
3.

Defendant does not have enough information to admit or deny this paragraph, and

therefore, denies.
II.

THE PARTIES

4.

Defendant denies knowledge sufficient to admit or deny the allegations.

5.

Admit.

6.

This paragraph includes a dismissed defendant, and therefore requires no response.

III.

PERTINENT TEXAS TECH OPERATING POLICIES AND PROCEDURES
7.

Admit.

8.

Admit.

9.

Admit paragraphs a through c of paragraph 9 are accurate quotations from the

TTUHSC Operating Policy and Procedure (“TTUHSC OP”) 51.04. As to the remainder of
paragraph 9, Defendant denies knowledge sufficient to admit or deny the allegations.
10.

As to the allegations in paragraph 10, TTUHSC OP 51.04 speaks for itself.

Defendant denies any allegations in paragraph 11 that misquote or mischaracterize the published
document.
11.

As to the allegations in paragraph 11, TTUHSC OP 51.04 speaks for itself.

Defendant denies any allegations in paragraph 11 that misquote or mischaracterize the published
document.
IV. VICARIOUS LIABILITY – RESPONDEAT SUPERIOR
12.

This paragraph alleges legal theories regarding a dismissed claim, and needs no

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response.
13.

This paragraph alleges legal theories regarding a dismissed claim, and needs no

response.
V.
A.

B.

FACTS

Grodman’s Disabilities and Symptoms.
14.

Defendant denies knowledge sufficient to admit or deny the allegations.

15.

Defendant denies knowledge sufficient to admit or deny the allegations.

16.

Defendant denies knowledge sufficient to admit or deny the allegations.

17.

Defendant denies knowledge sufficient to admit or deny the allegations.

18.

Defendant denies knowledge sufficient to admit or deny the allegations.

Relevant Employment and Time Period.
19.

Defendant admits that Defendant operates an education Pediatric Residency

Program, and that Plaintiff Grodman was hired by Defendant in 2019 to work in the Program as a
Resident. Defendant further admits that Defendant provided Plaintiff Grodman a Notice of
Recommendation for Dismissal on or around January 7, 2022. Defendant denies any and all
allegations of discrimination, retaliation, or wrongful termination. Defendant denies an Appeal
Review Subcommittee reviewed Plaintiff Grodman’s termination on or around April 2022.
Defendant admits that Dr. Kaylani was the Program Director at all times relevant to the allegations
made the basis of this lawsuit.
20.

Defendant admits to the Resident duties Plaintiff listed, but denies any and all

allegations of discrimination.
C.

Defendant’s Awareness of Grodman’s Disability.
21.

Defendant denies knowledge sufficient to admit or deny the allegations.

22.

Defendant denies knowledge sufficient to admit or deny the allegations.

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D.

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23.

Defendant denies knowledge sufficient to admit or deny the allegations.

24.

Defendant denies knowledge sufficient to admit or deny the allegations.

25.

Defendant denies knowledge sufficient to admit or deny the allegations.

26.

Deny.

27.

Defendant denies knowledge sufficient to admit or deny the allegations.

Grodman’s Final Year of Residency.
28.

Defendant denies knowledge sufficient to admit or deny the allegations.

29.

Defendant denies knowledge sufficient to admit or deny the allegations.

30.

Defendant admits to the extent Dr. Kaylani and Dr. Herrick authored the respective

quotes in paragraph 30. Defendant denies knowledge sufficient to admit or deny the remaining
allegations.
E.

F.

Defendant Discontinues Successful Accommodations.
31.

Defendant denies knowledge sufficient to admit or deny the allegations.

32.

Deny.

33.

Deny.

34.

Deny.

Defendant’s Pretextual Plan to Suspend Grodman Based on His Disabilities.
35.

Defendant denies that Plaintiff Grodman’s termination was “predetermined,

without any notice of hearing to Grodman, beginning with the decision to withdraw all
accommodations.” Defendant denies any discriminatory actions occurred or “culminated” in any
way. As to the remainder of the paragraph 35, Defendant denies knowledge sufficient to admit or
deny the allegations.
36.

Deny.

37.

Deny.

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G.

38.

Deny.

39.

Deny.

40.

Deny.

41.

Deny.

42.

Deny.

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Grodman Formally Requested Reasonable Accommodation Before Termination.
43.

H.

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Defendant denies knowledge sufficient to admit or deny the allegations.

Defendant’s Plan to Terminate Dr. Grodman was Discriminatory.
44.

Admit Plaintiff Grodman was placed on suspension on December 23, 2021. As to

the remainder of the paragraph 44, Defendant denies knowledge sufficient to admit or deny the
allegations.
45.

Defendant denies knowledge sufficient to admit or deny the allegations.

46.

Deny.

47.

Deny.

48.

Defendant denies knowledge sufficient to admit or deny the allegations.

49.

Defendant lacks sufficient knowledge or information to form a belief about the truth

of the allegation that Defendant did not provide Plaintiff with the forms to submit a formal request
for accommodations until four days prior to termination, and therefore denies. Defendant denies
the remainder of the allegations made in paragraph 49.
50.

Deny.

51.

Deny.

52.

Deny.

53.

Deny to the extent Plaintiff alleges Dr. Kaylani’s comments were improper.

54.

Defendant denies knowledge sufficient to admit or deny the allegations.

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55.

Deny.

56.

Defendant admits that Plaintiff was provided a Notice of Recommendation for

Dismissal on or around January 7, 2022. Defendant denies that Plaintiff was terminated due to his
disabilities or any alleged complaints about discrimination, and as such, denies the remainder of
paragraph 56.

I.

VI.

57.

Deny.

58.

Deny.

59.

Deny.

60.

Deny.

Texas Tech’s Discrimination Continues Even After Grodman’s Termination.
61.

Defendant denies knowledge sufficient to admit or deny the allegations.

62.

Defendant denies knowledge sufficient to admit or deny the allegations.

63.

Defendant denies knowledge sufficient to admit or deny the allegations.

FIRST CAUSE OF ACTION FOR DISCRIMINATION AND RETALIATION IN
VIOLATION OF THE REHABILITATION ACT (Against Texas Tech)
64.

Defendant need not admit nor deny Plaintiff’s incorporation of foregoing

paragraphs by reference.
65.

Plaintiff makes reference to statutes, and as such, requires no response except that

Defendant denies that they have violated any statutes with regard to Plaintiff. Defendant admits it
is a recipient of federal financial assistance.
66.

In this paragraph, Plaintiff makes reference to statutes, and as such, requires no

response except that Defendant denies that they have violated any statutes with regard to Plaintiff.
67.

In this paragraph, Plaintiff makes reference to caselaw, and as such, requires no

response except that Defendant denies that they have violated any statutes with regard to Plaintiff.
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68.

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In this paragraph, Plaintiff makes reference to statutes, and as such, requires no

response except that Defendant denies that they have violated any statutes with regard to Plaintiff.
69.

In this paragraph, Plaintiff makes reference to statutes, and as such, requires no

response except that Defendant denies that they have violated any statutes with regard to Plaintiff.
70.

Deny.

71.

Defendant denies knowledge sufficient to admit or deny the allegations.

72.

Deny.

73.

Defendant admits that Defendant provided Plaintiff a Notice of Recommendation

for Dismissal on or around January 7, 2022. As to the remainder of the paragraph 73, Defendant
denies knowledge sufficient to admit or deny the allegations.
74.

Deny.

75.

Defendant denies knowledge sufficient to admit or deny the allegations.

76.

Defendant admits Plaintiff submitted a request for accommodations after he was

suspended and removed from his clinical duties for violating the terms of his Probation and
performance of his duties that seriously compromised or constituted a danger to patients.
Defendant denies the remaining allegations in paragraph 76.
77.

Deny.

78.

In the first sentence of this paragraph, Plaintiff makes reference to statutes, and as

such, requires no response except that Defendant denies that they have violated any statutes with
regard to Plaintiff. Defendant denies that Plaintiff is entitled to entitled to injunctive and equitable
relief, including reinstatement, to prevent continued violation of the Rehabilitation Act.

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VII.

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SECOND CAUSE OF ACTION FOR VIOLATION OF PROCEDURAL DUE
PROCESS PURSUANT TO 42 U.S.C. § 1983
(Against Texas Tech and Kaylani, Individually)

79.

This paragraph alleges facts regarding a dismissed claim, and needs no response.

80.

This paragraph alleges facts regarding a dismissed claim, and needs no response.

81.

This paragraph alleges facts regarding a dismissed claim, and needs no response.

82.

This paragraph alleges facts regarding a dismissed claim, and needs no response.

83.

This paragraph alleges facts regarding a dismissed claim, and needs no response.

84.

This paragraph alleges facts regarding a dismissed claim, and needs no response.

85.

This paragraph alleges facts regarding a dismissed claim, and needs no response.

86.

This paragraph alleges facts regarding a dismissed claim, and needs no response.

87.

This paragraph alleges facts regarding a dismissed claim, and needs no response.

88.

This paragraph alleges facts regarding a dismissed claim, and needs no response.

89.

This paragraph alleges facts regarding a dismissed claim, and needs no response.

90.

This paragraph alleges facts regarding a dismissed claim, and needs no response.

91.

This paragraph alleges facts regarding a dismissed claim, and needs no response.

92.

This paragraph alleges facts regarding a dismissed claim, and needs no response.

93.

This paragraph alleges facts regarding a dismissed claim, and needs no response.

94.

This paragraph alleges facts regarding a dismissed claim, and needs no response.

95.

This paragraph alleges facts regarding a dismissed claim, and needs no response.
VIII. REQUEST FOR JURY TRIAL

96.

This paragraph is a request for a jury trial, and needs no response.
IX.

97.

ATTORNEY’S FEES UNDER TITLE VII

Defendant denies that Plaintiff is entitled to any damages or award in this case.

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REQUESTED RELIEF

98.

Defendant denies that Plaintiff is entitled to any relief requested in this paragraph.

99.

Defendant denies that Plaintiff is entitled to any relief requested in this paragraph.

100.

Defendant denies that Plaintiff is entitled to any relief requested in this paragraph.
XI.

PRAYER

Defendant denies that Plaintiff is entitled to any damages or award in this case.
AFFIRMATIVE DEFENSES
Pleading further, Defendant asserts the following affirmative defenses to Plaintiff’s causes
of action:
1.

Defendant asserts the affirmative defense of sovereign immunity or Eleventh

Amendment immunity as to any of Plaintiff’s claims or requests for damages for which there has
been no statutory or express waiver.
2.

Defendant asserts the affirmative defense of limitations to the extent that any of

Plaintiff’s claims are based upon acts or events which occurred outside of the applicable statute of
limitations.
3.

Defendant asserts that any and all decisions regarding Plaintiff were wholly

appropriate and would have been taken regardless of Plaintiff’s alleged protected activity.
4.

Defendant asserts that any actions taken against Plaintiff were based on legitimate,

non-discriminatory, and non-retaliatory reasons and were taken without discriminatory or
retaliatory animus;
5.

Defendant asserts that Plaintiff’s own acts or omissions caused or contributed to

Plaintiff’s injuries, if any;
6.

Defendant asserts that Plaintiff failed to mitigate damages, if any;

7.

Defendant asserts the defense of after-acquired evidence;

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Defendant reserves the right to assert additional defenses as they may become

apparent in the factual development of this case.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that Plaintiff take nothing
by his suit and that all costs be taxed against him. Defendant further prays that this Court grant it
any other further relief to which it may be justly entitled both in law and in equity.
Respectfully submitted,
KEN PAXTON
Attorney General
BRENT WEBSTER
First Assistant Attorney General
RALPH MOLINA
Deputy First Assistant Attorney General
JAMES LLOYD
Deputy Attorney General for Civil Litigation
KIMBERLY GDULA
Chief, General Litigation Division
/s/ Joseph Keeney
JOSEPH KEENEY
State Bar No. 24092616
Assistant Attorney General
Office of the Attorney General
General Litigation Division
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
Telephone: (512) 475-4090
Facsimile: (512) 320-0667
Joseph.Keeney@oag.texas.gov
ATTORNEYS FOR DEFENDANT

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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been served
through the electronic case manager on all parties who have entered an appearance using the
CM/ECF system on August 8, 2024.

/s/ Joseph Keeney
JOSEPH KEENEY
Assistant Attorney General

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