T-Mobile Reserves Right to Amend Its Defenses in Wash. Negligence Suit
T-Mobile lacks sufficient knowledge or information on which to “form a belief as to the truth of certain allegations” in plaintiff Jane Doe’s first amended negligence complaint, said T-Mobile’s answer Monday (docket 4:23-cv-05166) in U.S. District Court for Eastern Washington in Richland. Doe alleges that a T-Mobile employee downloaded, without her consent, private images and videos from a cellphone she traded in at a T-Mobile store in a Washington mall (see 2403130056). T-Mobile also lacks “specific knowledge of actions” taken by Doe or other persons or entities who may have contributed to or caused Doe’s alleged damages, said its answer. Until T-Mobile “avails itself of its right to discovery,” it can’t be determined whether any of its 17 affirmative defenses “will be asserted at trial,” it said. “T-Mobile pleads these defenses to preserve its right to assert these defenses and to avoid waiver of any defenses,” it said. T-Mobile reserves the right to add defenses “that it deems necessary to its defense during or upon the conclusion of investigation and discovery,” and to amend its answer accordingly, it said.