Case: EEOC v. BATH IRON WORKS CORPORATION and FORTIS BENEFITS INSURANCE CORPORATION

2:97-cv-00355 | U.S. District Court for the District of Maine

Filed Date: Nov. 6, 1997

Closed Date: Sept. 30, 1999

Clearinghouse coding complete

Case Summary

The New York District Office of the EEOC brought this suit against Bath Iron Works Corporation, a ship builder, and Fortis Benefits Insurance Corporation, its insurer, in November 1997 in the U.S. District Court for the District of Maine. The complaint is unavailable, but a district court ruling indicates that the complaint alleged a violation of the Americans with Disabilities Act because the defendants' health insurance contained a limitation for mental disabilities. The complainant intervene…

The New York District Office of the EEOC brought this suit against Bath Iron Works Corporation, a ship builder, and Fortis Benefits Insurance Corporation, its insurer, in November 1997 in the U.S. District Court for the District of Maine. The complaint is unavailable, but a district court ruling indicates that the complaint alleged a violation of the Americans with Disabilities Act because the defendants' health insurance contained a limitation for mental disabilities. The complainant intervened in the EEOC's suit in April 1998, and the EEOC's suit was consolidated with the complainant's private suit in May 1998. The complainant reached a settlement with the defendants in November 1998 and voluntarily dismissed his claims. The defendants and the EEOC filed motions for summary judgment in November 1998; the EEOC's motion was denied and the defendants' motions were granted in March 1999. The EEOC appealed the ruling in May 1999, but the appeal was dismissed in September 1999.

Summary Authors

Kevin Wilemon (8/5/2008)

Related Cases

Campagna v. Bath Iron Works Corp. et al, District of Maine (1997)

People


Judge(s)

Hornby, David Brock (Maine)

Judge(s)

Hornby, David Brock (Maine)

Documents in the Clearinghouse

Document

2:97-cv-00355

99-01657

Docket [Of Court of Appeals Case 99-1657]

EEOC v. Bath Iron Works et al

U. S. Court of Appeals for the First Circuit

May 24, 2006

May 24, 2006

Docket

2:97-cv-00355

Docket [PACER]

EEOC v. Bath Iron Works Corp et al

April 18, 2007

April 18, 2007

Docket
64

2:97-cv-00355

Recommended Decision on Cross-Motions for Summary Judgment

EEOC v. Bath Iron Works Corporation et al

1999 WL 33117082, 1999 U.S.Dist.LEXIS 10600

Feb. 8, 1999

Feb. 8, 1999

Order/Opinion
69

2:97-cv-00355

Order Affirming Recommended Decision of the Magistrate Judge

EEOC et al v. Bath Iron Works Corp et al

1999 U.S.Dist.LEXIS 10596

March 19, 1999

March 19, 1999

Order/Opinion

Resources

Docket

Last updated Aug. 11, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed;fee waived Government plaintiff; jury demand (mmc) (Entered: 11/07/1997)

Nov. 6, 1997

Nov. 6, 1997

SUMMONS(ES) issued for BATH IRON WORKS CORP, FORTIS BENEFITS INS (mmc) (Entered: 11/07/1997)

Nov. 7, 1997

Nov. 7, 1997

3

RESPONSE w/supporting memorandum by FORTIS BENEFITS INS to [2-1] motion to Intervene by ANTHONY F CAMPAGNA ; Reply to Response due 3/19/98 for ANTHONY F CAMPAGNA, for BATH IRON WORKS CORP, for EQUAL EMPLOYMENT OPP, [2-2] motion to Consolidate Cases with 97-398-P-H ; Reply to Response due 3/19/98 for ANTHONY F CAMPAGNA, for BATH IRON WORKS CORP, for EQUAL EMPLOYMENT OPP (dw) (Entered: 03/03/1998)

March 2, 1998

March 2, 1998

CORPORATE DISCLOSURE STATEMENT per Local Rule 83.7 by FORTIS BENEFITS INS (dw) (Entered: 03/03/1998)

March 2, 1998

March 2, 1998

Pro Hac Vice Certificate for FORTIS BENEFITS INS by NANCY R. KUHN, ALISSA A. HORVITZ (dw) (Entered: 03/04/1998)

March 2, 1998

March 2, 1998

WAIVER of Service of Summons Returned Executed as to BATH IRON WORKS CORP ; Waiver mailed 2/12/98 Answer due on 4/13/98 for BATH IRON WORKS CORP (mmc) (Entered: 03/05/1998)

March 5, 1998

March 5, 1998

WAIVER of Service of Summons Returned Executed as to FORTIS BENEFITS INS ; Waiver mailed 2/12/98 (mmc) (Entered: 03/05/1998)

March 5, 1998

March 5, 1998

CORPORATE DISCLOSURE STATEMENT per Local Rule 83.7 by BATH IRON WORKS CORP (mmc) (Entered: 03/11/1998)

March 5, 1998

March 5, 1998

4

RESPONSE (Objection) by BATH IRON WORKS CORP to [2-1] motion to Intervene by ANTHONY F CAMPAGNA ; Reply to Response due 3/16/98 for ANTHONY F CAMPAGNA, for EQUAL EMPLOYMENT OPP, [2-2] motion to Consolidate Cases with 97-398-P-H ; Reply to Response due 3/16/98 for ANTHONY F CAMPAGNA, for EQUAL EMPLOYMENT OPP (mmc) (Entered: 03/11/1998)

March 5, 1998

March 5, 1998

5

REPLY by ANTHONY F CAMPAGNA to response to [2-1] motion to Intervene by ANTHONY F CAMPAGNA, [2-2] motion to Consolidate Cases with 97-398-P-H (seal user) (Entered: 03/13/1998)

March 12, 1998

March 12, 1998

Motion(s) referred: [2-1] motion to Intervene by ANTHONY F CAMPAGNA referred to MAG. JUDGE DAVID M. COHEN, [2-2] motion to Consolidate Cases with 97-398-P-H referred to MAG. JUDGE DAVID M. COHEN (mmc) (Entered: 04/06/1998)

April 6, 1998

April 6, 1998

6

ANSWER to Complaint by BATH IRON WORKS CORP (Attorney MARK HALEY, TRACEY BURTON ), (mmc) (Entered: 04/13/1998)

April 13, 1998

April 13, 1998

ENDORSEMENT on Motion granting [2-1] motion to Intervene by ANTHONY F CAMPAGNA, temporarily granting in part, denying in part [2-2] motion to Consolidate Cases with 97-398-P-H : "GRANTED. CONSOLIDATION IS CONDITIONAL on the Court's acceptance of my recommended decision [see #13, 97-398-P-H] of this date in 97-398-P-H." ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (dw) (Entered: 04/13/1998)

April 13, 1998

April 13, 1998

Deadline updated; Remember to issue schedo for consolidated cases on 5/15/98 if 97-398 has been consolidated with this case (dw) (Entered: 04/14/1998)

April 13, 1998

April 13, 1998

ENDORSEMENT within the Order Affirming Recommended Decision in 97-398-P-H on Motion granting [2-2] motion to Consolidate Cases with 97-398-P-H ( signed by JUDGE D. B. HORNBY ) cc: cnsl (mmc) (Entered: 05/13/1998)

May 8, 1998

May 8, 1998

Motion(s) referred: [2-2] motion to Consolidate Cases with 97-398-P-H referred to MAG. JUDGE DAVID M. COHEN (dw) (Entered: 05/13/1998)

May 13, 1998

May 13, 1998

Consolidated Lead Case with Member Case No: 97-398-P-H (mmc) (Entered: 05/13/1998)

May 13, 1998

May 13, 1998

8

SCHEDULING ORDER setting Discovery cutoff 9/3/98 ; Deadline for filing of all motions 9/10/98 ; Ready for Trial Date 11/2/98 ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl. CONSENT FORM mailed to pltf cnsl. (dw) (Entered: 05/14/1998)

May 13, 1998

May 13, 1998

9

MOTION with memorandum in support by EQUAL EMPLOYMENT OPP, ANTHONY F CAMPAGNA to Amend Scheduling Order - Reason: designate experts ddl ; Response to Motion due 6/15/98 for FORTIS BENEFITS INS, for BATH IRON WORKS CORP (mmc) (Entered: 05/29/1998)

May 28, 1998

May 28, 1998

10

MOTION with memorandum in support by FORTIS BENEFITS INS to Amend Scheduling Order - Reason: ext mtn ddl ; Response to Motion due 6/15/98 for ANTHONY F CAMPAGNA, for EQUAL EMPLOYMENT OPP (mmc) (Entered: 05/29/1998)

May 29, 1998

May 29, 1998

11

MOTION by BATH IRON WORKS CORP to Amend Scheduling Order - Reason: ext mtn filing ddl ; Response to Motion due 6/15/98 for ANTHONY F CAMPAGNA, for EQUAL EMPLOYMENT OPP (mmc) (Entered: 05/29/1998)

May 29, 1998

May 29, 1998

ORAL ORDER per letter to cnsl re: Motion to amend s/o, set Proposed Discovery and Mtn Plan deadline to 6/12/98 for ANTHONY F CAMPAGNA, for FORTIS BENEFITS INS, for BATH IRON WORKS CORP, for EQUAL EMPLOYMENT OPP following which court will act on review of papers or scheduled a (tele)conference. ( by MAG. JUDGE DAVID M. COHEN ) (slh) (Entered: 06/02/1998)

June 2, 1998

June 2, 1998

12

MOTION with memorandum in support by FORTIS BENEFITS INS for Leave to File Amended Answer ; Response to Motion due 6/26/98 for ANTHONY F CAMPAGNA, for EQUAL EMPLOYMENT OPP (mmc) (Entered: 06/09/1998)

June 9, 1998

June 9, 1998

JOINT PROPOSED Discovery and Motion Plan/ADR received by EQUAL EMPLOYMENT OPP, BATH IRON WORKS CORP, FORTIS BENEFITS INS, ANTHONY F CAMPAGNA (mmc) (Entered: 06/15/1998)

June 15, 1998

June 15, 1998

Tele-conference re: [9-1] motion to Amend Scheduling Order - Reason: designate experts ddl, [10-1] motion to Amend Scheduling Order - Reason: ext mtn ddl, [11-1] motion to Amend Scheduling Order - Reason: ext mtn filing ddl set at 3:45 6/19/98 before MAG. JUDGE DAVID M. COHEN; Atty O'Brien arranged for call & will initiate call (slh) (Entered: 06/17/1998)

June 17, 1998

June 17, 1998

13

MOTION with memorandum in support by ANTHONY F CAMPAGNA to Amend [1-1] complaint , to Amend Scheduling Order - Reason: ext ddl to amend pleadings ; Response to Motion due 7/10/98 for FORTIS BENEFITS INS, for BATH IRON WORKS CORP, for EQUAL EMPLOYMENT OPP (mmc) (Entered: 06/23/1998)

June 22, 1998

June 22, 1998

14

AFFIDAVIT of Charles W. March in support of Mtn to Amend #13 (mmc) (Entered: 06/23/1998)

June 22, 1998

June 22, 1998

Telephone conference held on 6/19/98. ENDORSEMENT on Motion granting [11-1] motion to Amend Scheduling Order - Reason: ext mtn filing ddl, granting [10-1] motion to Amend Scheduling Order - Reason: ext mtn ddl, granting [9-1] motion to Amend Scheduling Order - Reason: designate experts ddl (extended to 6/25/98), reset Motion Filing deadline to 9/24/98 , reset Ready for Trial Deadline to 11/30/98 ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (mmc) Modified on 06/23/1998 (Entered: 06/23/1998)

June 22, 1998

June 22, 1998

15

AMENDED SCHEDULING ORDER setting Discovery cutoff 9/3/98 ; Deadline for filing of all motions 9/24/98 ; Ready for Trial Date 11/30/98 ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl. CONSENT FORM mailed to pltf cnsl. (mmc) (Entered: 06/24/1998)

June 23, 1998

June 23, 1998

Motion(s) referred: [12-1] motion for Leave to File Amended Answer referred to MAG. JUDGE DAVID M. COHEN (mmc) (Entered: 06/29/1998)

June 29, 1998

June 29, 1998

ENDORSEMENT on Motion granting [12-1] motion for Leave to File Amended Answer ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (mmc) (Entered: 06/30/1998)

June 30, 1998

June 30, 1998

16

AMENDED ANSWER to Complaint by FORTIS BENEFITS INS : amends [7-1] answer; jury demand (mmc) (Entered: 06/30/1998)

June 30, 1998

June 30, 1998

17

RESPONSE by FORTIS BENEFITS INS to [13-1] motion to Amend [1-1] complaint ; Reply to Response due 7/20/98 for EQUAL EMPLOYMENT OPP (dw) (Entered: 07/10/1998)

July 10, 1998

July 10, 1998

18

RESPONSE by BATH IRON WORKS CORP to [13-1] motion to Amend [1-1] complaint ; Reply to Response due 7/20/98 for ANTHONY F CAMPAGNA, [13-2] motion to Amend Scheduling Order - Reason: ext ddl to amend pleadings ; Reply to Response due 7/20/98 for ANTHONY F CAMPAGNA (mmc) (Entered: 07/13/1998)

July 10, 1998

July 10, 1998

19

MOTION with memorandum in support by FORTIS BENEFITS INS to Strike Plaintiff Campagna's Medical Expert Designation of Jack Waterman and Robert Croswell ; Response to Motion due 8/6/98 for ANTHONY F CAMPAGNA, for EQUAL EMPLOYMENT OPP (mmc) (Entered: 07/21/1998)

July 20, 1998

July 20, 1998

20

REPLY by ANTHONY F CAMPAGNA to response to [13-1] motion to Amend [1-1] complaint, [13-2] motion to Amend Scheduling Order - Reason: ext ddl to amend pleadings (mmc) (Entered: 07/21/1998)

July 20, 1998

July 20, 1998

21

AFFIDAVIT of Anthony Campagna with Exhibits A thru L (mmc) (Entered: 07/21/1998)

July 20, 1998

July 20, 1998

22

RESPONSE (obj) by ANTHONY F CAMPAGNA to [19-1] motion to Strike Plaintiff Campagna's Medical Expert Designation of Jack Waterman and Robert Croswell ; Reply to Response due 8/3/98 for FORTIS BENEFITS INS (mmc) (Entered: 07/23/1998)

July 23, 1998

July 23, 1998

Discovery hearing held before MAG. JUDGE DAVID M. COHEN ( Court Reporter: NONE) (slh) (Entered: 07/23/1998)

July 23, 1998

July 23, 1998

ORAL ORDERS during telephone conference: denying [19-1] motion to Strike Plaintiff Campagna's Medical Expert Designation of Jack Waterman and Robert Croswell, set specific document deadline (re: for redrafted confidentiality order; cnsl directed to mail 7/24/98 ) for 7/27/98 for FORTIS BENEFITS INS , EEOC to serve on all other parites no later than 8/11/98 a full supplementation of its actuarial expert designation, Fortis & BIW to name actuarial experts by 7/30/98 but deadline for otherwise providing all required deisgnation-related information enlarged to 8/18/98 ( by MAG. JUDGE DAVID M. COHEN ) (slh) (Entered: 07/23/1998)

July 23, 1998

July 23, 1998

23

PROTECTIVE ORDER for Disclosure of Confidential Materials( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (mmc) (Entered: 07/28/1998)

July 27, 1998

July 27, 1998

24

MOTION with memorandum in support by FORTIS BENEFITS INS for Partial Summary Judgment ; Response to Motion due 8/17/98 for ANTHONY F CAMPAGNA, for EQUAL EMPLOYMENT OPP (mmc) (Entered: 07/30/1998)

July 29, 1998

July 29, 1998

25

RECOMMENDED DECISION of MAG. JUDGE DAVID M. COHEN Recommending: GRANTING of [13-1] motion to Amend [1-1] complaint, RESERVING RULING on [13-2] motion to Amend Scheduling Order - Reason: ext ddl to amend pleadings If recommendation is accepted, the Clerk's Office shall promptly thereafer schedulie a c/c to consider necessary modifications to the scheduling order. ; Motion no longer referred Objections to R and R due by 8/24/98 for ANTHONY F CAMPAGNA, for ANTHONY F CAMPAGNA, for FORTIS BENEFITS INS, for BATH IRON WORKS CORP, for EQUAL EMPLOYMENT OPP ; cc:cnsl (slh) (Entered: 08/07/1998)

Aug. 6, 1998

Aug. 6, 1998

26

RESPONSE (opposition) by ANTHONY F CAMPAGNA to [24-1] motion for Partial Summary Judgment ; Reply to Response due 8/24/98 for FORTIS BENEFITS INS (mmc) (Entered: 08/17/1998)

Aug. 14, 1998

Aug. 14, 1998

27

AFFIDAVIT of Charles W. March, Esq. (mmc) (Entered: 08/17/1998)

Aug. 14, 1998

Aug. 14, 1998

28

REPORT OF HEARING AND ORDER RE: Discovery Dispute ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (ckb) (Entered: 08/24/1998)

Aug. 21, 1998

Aug. 21, 1998

29

OBJECTION by FORTIS BENEFITS INS to [25-1] motion RECOMMENDED DECISION of MAG. JUDGE DAVID M. COHEN Recommending: GRANTING of [13-1] motion to Amend [1-1] complaint, RESERVING RULING on [13-2] motion to Amend Scheduling Order - Reason: ext ddl to amend pleadings ; Response to Objections to RR due 9/3/98 for ANTHONY F CAMPAGNA, for EQUAL EMPLOYMENT OPP ; (mmc) (Entered: 08/24/1998)

Aug. 24, 1998

Aug. 24, 1998

30

(APPENDIX) MEMORANDUM by FORTIS BENEFITS INS in support of [29-1] objection (mmc) (Entered: 08/24/1998)

Aug. 24, 1998

Aug. 24, 1998

31

MOTION with memorandum in support by FORTIS BENEFITS INS for Leave to File reply in excess of 7 pages (mmc) (Entered: 08/24/1998)

Aug. 24, 1998

Aug. 24, 1998

ENDORSEMENT on Motion granting [31-1] motion for Leave to File reply in excess of 7 pages (For the court, M. Cross, Deputy Clerk) cc: cnsl (mmc) (Entered: 08/24/1998)

Aug. 24, 1998

Aug. 24, 1998

32

REPLY by FORTIS BENEFITS INS to response to [24-1] motion for Partial Summary Judgment (mmc) (Entered: 08/24/1998)

Aug. 24, 1998

Aug. 24, 1998

Motion(s) referred: [24-1] motion for Partial Summary Judgment referred to MAG. JUDGE DAVID M. COHEN (mmc) (Entered: 08/24/1998)

Aug. 24, 1998

Aug. 24, 1998

33

OBJECTION by BATH IRON WORKS CORP to [25-1] motion RECOMMENDED DECISION of MAG. JUDGE DAVID M. COHEN Recommending: GRANTING of [13-1] motion to Amend [1-1] complaint, RESERVING RULING on [13-2] motion to Amend Scheduling Order - Reason: ext ddl to amend pleadings ; Response to Objections to RR due 9/3/98 for ANTHONY F CAMPAGNA, for EQUAL EMPLOYMENT OPP ; (mmc) (Entered: 08/24/1998)

Aug. 24, 1998

Aug. 24, 1998

ON TRIAL LIST for 11/2/98 ; Final Pre-Trial Memorandum due 9/29/98 for ANTHONY F CAMPAGNA, for FORTIS BENEFITS INS, for BATH IRON WORKS CORP, for EQUAL EMPLOYMENT OPP ; Final Pre-Trial Conference set for 9:00 10/2/98 before MAG. JUDGE DAVID M. COHEN ; cc: cnsl (smd) (Entered: 09/02/1998)

Sept. 2, 1998

Sept. 2, 1998

Deadline updated; set Ready for Trial Deadline to 11/30/98 pursuant to an endorsement by Judge Cohen on 6/23/98 (mmc) (Entered: 09/03/1998)

Sept. 3, 1998

Sept. 3, 1998

34

RESPONSE by ANTHONY F CAMPAGNA to Objections to [25-1] motion RECOMMENDED DECISION of MAG. JUDGE DAVID M. COHEN Recommending: GRANTING of [13-1] motion to Amend [1-1] complaint, RESERVING RULING on [13-2] motion to Amend Scheduling Order - Reason: ext ddl to amend pleadings (mmc) (Entered: 09/08/1998)

Sept. 3, 1998

Sept. 3, 1998

Motion(s) taken under advisement: [25-1] motion RECOMMENDED DECISION of MAG. JUDGE DAVID M. COHEN Recommending: GRANTING of [13-1] motion to Amend [1-1] complaint, RESERVING RULING on [13-2] motion to Amend Scheduling Order - Reason: ext ddl to amend pleadings under advisement, [13-1] motion to Amend [1-1] complaint under advisement, [13-2] motion to Amend Scheduling Order - Reason: ext ddl to amend pleadings under advisement (mmc) (Entered: 09/08/1998)

Sept. 8, 1998

Sept. 8, 1998

36

AMENDED COMPLAINT by EQUAL EMPLOYMENT OPP, ANTHONY F CAMPAGNA amending [1-1] complaint; jury demand (mmc) (Entered: 09/09/1998)

Sept. 9, 1998

Sept. 9, 1998

35

ORDER Affirming Recommended Decision of Magistrate adopting [25-1] motion RECOMMENDED DECISION of MAG. JUDGE DAVID M. COHEN Recommending: GRANTING of [13-1] motion to Amend [1-1] complaint, RESERVING RULING on [13-2] motion to Amend Scheduling Order - Reason: ext ddl to amend pleadings, granting [13-1] motion to Amend [1-1] complaint, granting [13-2] motion to Amend Scheduling Order - Reason: ext ddl to amend pleadings ( signed by JUDGE D. B. HORNBY ) cc: cnsl (mmc) (Entered: 09/10/1998)

Sept. 9, 1998

Sept. 9, 1998

ORAL ORDER on Motion per letter to cnsl; ruling reserved on [13-2] motion to Amend Scheduling Order - Reason: ext ddl to amend pleadings, set Proposed Discovery and Mtn Plan deadline to 9/24/98 for ANTHONY F CAMPAGNA, for ANTHONY F CAMPAGNA, for FORTIS BENEFITS INS, for BATH IRON WORKS CORP, for EQUAL EMPLOYMENT OPP following which court will act on motion or schedule (tele)conference of counsel ( by MAG. JUDGE DAVID M. COHEN ) (slh) (Entered: 09/10/1998)

Sept. 10, 1998

Sept. 10, 1998

ORAL ORDER per letter to cnsl re: request for proposed discovery & motion plan per inquiry of counsel - present motion ddl suspended, cnsl advised ddl's will be reviewed & adjusted where and to the extent the court deems necessary ( by MAG. JUDGE DAVID M. COHEN ) (slh) (Entered: 09/15/1998)

Sept. 15, 1998

Sept. 15, 1998

JOINT PROPOSED Discovery and Motion Plan/ADR received by EQUAL EMPLOYMENT OPP, BATH IRON WORKS CORP, FORTIS BENEFITS INS, ANTHONY F CAMPAGNA (mmc) (Entered: 09/24/1998)

Sept. 24, 1998

Sept. 24, 1998

Telephone Scheduling Conference set for 3:30 9/29/98 before JUDGE COHEN per court's review of counsel's proposed discovery plan & scheduling order; Atty O'Brien to initiate conference call cc:cnsl (seal user) (Entered: 09/25/1998)

Sept. 25, 1998

Sept. 25, 1998

37

ANSWER by FORTIS BENEFITS INS (Attorney RICHARD O'MEARA ) to [36-1] amended complaint; jury demand (mmc) (Entered: 09/29/1998)

Sept. 28, 1998

Sept. 28, 1998

38

ANSWER by BATH IRON WORKS CORP (Attorney TRACEY BURTON ) to [36-1] amended complaint (mmc) (Entered: 09/29/1998)

Sept. 28, 1998

Sept. 28, 1998

39

REPORT of Scheduling Conference and Order: Ready for Trial Date set for 2/1/99 ; Discovery cutoff set for 11/13/98 ; Deadline for filing of motions set for 11/20/98 ( Signed by MAG. JUDGE DAVID M. COHEN ) cc:cnsl (dw) (Entered: 09/29/1998)

Sept. 29, 1998

Sept. 29, 1998

Telephone Scheduling Conference held before JUDGE Cohen (Order issed)cc:cnsl (mmc) (Entered: 10/01/1998)

Sept. 29, 1998

Sept. 29, 1998

40

MOTION with memorandum in support by FORTIS BENEFITS INS to Dismiss Count 5, Pltfs Campagna's Fiduciary Breach Claim, of Amended Complaint ; Response to Motion due 10/22/98 for ANTHONY F CAMPAGNA, for EQUAL EMPLOYMENT OPP (err) (Entered: 10/02/1998)

Oct. 2, 1998

Oct. 2, 1998

41

MOTION with memorandum in support by BATH IRON WORKS CORP for Judgment Against the Plaintiff on the Amended Complaint on Cnts 4 & 5 ; Response to Motion due 10/26/98 for ANTHONY F CAMPAGNA (mmc) (Entered: 10/08/1998)

Oct. 8, 1998

Oct. 8, 1998

42

JOINT MOTION with memorandum in support by EQUAL EMPLOYMENT OPP, BATH IRON WORKS CORP, FORTIS BENEFITS INS, ANTHONY F CAMPAGNA to Amend Scheduling Order - Reason: to suspend all deadlines for discovery, pending motions, and other pretrial deadlines on remaining Cts. 2, 3, 4, 5, as parties have reached agreement in principle to settle (dw) (Entered: 10/15/1998)

Oct. 15, 1998

Oct. 15, 1998

43

NOTICE OF SETTLEMENT filed by FORTIS BENEFITS INS indicating that the remaining claims (Counts II, III, IV and V) set forth in his Amended Complaint ; PROCEDURAL ORDER signed by William S. Brownell; Stipulation of Dismissal due 11/23/98 (Terminated mtns: [42-1] joint motion to Amend Scheduling Order - Reason: to suspend all deadlines for discovery, pending motions, and other pretrial deadlines on remaining Cts. 2, 3, 4, 5, as parties have reached agreement in principle to settle, [41-1] motion for Judgment Against the Plaintiff on the Amended Complaint on Cnts 4 & 5, [40-1] motion to Dismiss Count 5, Pltfs Campagna's Fiduciary Breach Claim, of Amended Complaint, [24-1] motion for Partial Summary Judgment ) cc:cnsl (mmc) (Entered: 10/22/1998)

Oct. 22, 1998

Oct. 22, 1998

44

AMENDED PROCEDURAL ORDER, set Stipulation of Dismissal for 11/23/98 for the litigation of Plaintiff's Campagna's remaining claims (Counts II, III, IV and V) set forth in the Amended Complaint , set Motion Filing deadline to 11/20/98 , set Discovery deadline to 11/13/98 , set Ready for Trial Deadline to 2/1/99 ( For the court, M. Cross, Deputy Clerk) cc: cnsl (mmc) (Entered: 10/28/1998)

Oct. 28, 1998

Oct. 28, 1998

ENDORSEMENT on Motion mooting [24-1] motion for Partial Summary Judgment See the Amended Procedural Order #44 ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (mmc) (Entered: 10/28/1998)

Oct. 28, 1998

Oct. 28, 1998

45

MOTION (no objection) with memorandum in support by ANTHONY F CAMPAGNA to Dismiss His Claims with Prejudice (mmc) (Entered: 11/10/1998)

Nov. 9, 1998

Nov. 9, 1998

46

ORDER granting [45-1] motion to Dismiss by Anthony Campagna (as intervenor plaintiff) His Claims with Prejudice ( signed by JUDGE D. B. HORNBY ) cc: cnsl (mmc) (Entered: 11/12/1998)

Nov. 9, 1998

Nov. 9, 1998

Motion(s) taken under advisement: [45-1] motion to Dismiss His Claims with Prejudice under advisement (mmc) (Entered: 11/10/1998)

Nov. 10, 1998

Nov. 10, 1998

47

MOTION with memorandum in support by FORTIS BENEFITS INS for Leave to File Motion for Summary Judgment/supporting memo in excess (34 pp.) ; Response to Motion due 11/30/98 for ANTHONY F CAMPAGNA, for BATH WORKS CORP, for EQUAL EMPLOYMENT OPP (dw) (Entered: 11/13/1998)

Nov. 12, 1998

Nov. 12, 1998

Motion(s) referred: [47-1] motion for Leave to File Motion for Summary Judgment/supporting memo in excess (34 pp.) referred to MAG. JUDGE DAVID M. COHEN (dw) (Entered: 11/13/1998)

Nov. 13, 1998

Nov. 13, 1998

ENDORSEMENT on Motion granting without objection [47-1] motion for Leave to File Motion for Summary Judgment/supporting memo in excess (34 pp.) ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (mmc) (Entered: 11/17/1998)

Nov. 16, 1998

Nov. 16, 1998

48

MOTION with memorandum in support by FORTIS BENEFITS INS for Summary Judgment as to EEOC's Calim Under Title I ; Response to Motion due 12/7/98 for EQUAL EMPLOYMENT OPP (mmc) (Entered: 11/19/1998)

Nov. 19, 1998

Nov. 19, 1998

49

MOTION by FORTIS BENEFITS INS for Oral Argument re: [48-1] motion for Summary Judgment as to EEOC's Claim Under Title I (mmc) (Entered: 11/19/1998)

Nov. 19, 1998

Nov. 19, 1998

50

MOTION with memorandum in support by EQUAL EMPLOYMENT OPP for Partial Summary Judgment on grounds that Fortis is employer w/in meaning of ADA and that Fortis/BIW are unable to satisfy sec. 501(c) of the ADA (FILED UNDER SEAL) ; Response to Motion due 12/10/98 for ANTHONY F CAMPAGNA, for FORTIS BENEFITS INS, for BATH IRON WORKS CORP (dw) (Entered: 11/20/1998)

Nov. 20, 1998

Nov. 20, 1998

51

AFFIDAVIT of MICHAEL J. O'BRIEN re #50; FILED UNDER SEAL (dw) (Entered: 11/20/1998)

Nov. 20, 1998

Nov. 20, 1998

52

MOTION with memorandum in support by BATH IRON WORKS CORP for Summary Judgment on Pltf EEOC's ADA Title I Claim ; Response to Motion due 12/10/98 for ANTHONY F CAMPAGNA, for FORTIS BENEFITS INS, for EQUAL EMPLOYMENT OPP (dw) (Entered: 11/20/1998)

Nov. 20, 1998

Nov. 20, 1998

53

STATEMENT of Material Fact by BATH IRON WORKS CORP re #52 (dw) (Entered: 11/20/1998)

Nov. 20, 1998

Nov. 20, 1998

54

MOTION by BATH IRON WORKS CORP for Hearing on [52-1] motion for Summary Judgment on Pltf EEOC's ADA Title I Claim ; Response to Motion due 12/10/98 for ANTHONY F CAMPAGNA, for FORTIS BENEFITS INS, for EQUAL EMPLOYMENT OPP (dw) (Entered: 11/20/1998)

Nov. 20, 1998

Nov. 20, 1998

55

MOTION with memorandum in support by EQUAL EMPLOYMENT OPP for Leave to File response in excess of 20 pages but less than 35 pages (mmc) (Entered: 11/30/1998)

Nov. 30, 1998

Nov. 30, 1998

Motion(s) referred: [55-1] motion for Leave to File response in excess of 20 pages but less than 35 pages referred to MAG. JUDGE DAVID M. COHEN (mmc) (Entered: 11/30/1998)

Nov. 30, 1998

Nov. 30, 1998

ENDORSEMENT on Motion granting [55-1] motion for Leave to File response in excess of 20 pages but less than 35 pages ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (dw) (Entered: 12/01/1998)

Dec. 1, 1998

Dec. 1, 1998

56

RESPONSE by EQUAL EMPLOYMENT OPP to [52-1] motion for Summary Judgment on Pltf EEOC's ADA Title I Claim ; Reply to Response due 12/14/98 for FORTIS BENEFITS INS, for BATH IRON WORKS CORP, [48-1] motion for Summary Judgment as to EEOC's Calim Under Title I ; Reply to Response due 12/14/98 for FORTIS BENEFITS INS, for BATH IRON WORKS CORP (dw) (Entered: 12/04/1998)

Dec. 4, 1998

Dec. 4, 1998

57

STATEMENT of Material Fact by EQUAL EMPLOYMENT OPP re #57 (dw) (Entered: 12/04/1998)

Dec. 4, 1998

Dec. 4, 1998

58

MOTION with memorandum in support by FORTIS BENEFITS INS for Leave to File memo in excess (reply brief in connection with Mtn for S/J) ; Response to Motion due 12/24/98 for ANTHONY F CAMPAGNA, for EQUAL EMPLOYMENT OPP (mmc) (Entered: 12/09/1998)

Dec. 7, 1998

Dec. 7, 1998

59

RESPONSE (under Seal) by BATH IRON WORKS CORP to [50-1] motion for Partial Summary Judgment on grounds that Fortis is employer w/in meaning of ADA and that Fortis/BIW are unable to satisfy sec. 501(c) of the ADA (FILED UNDER SEAL) ; Reply to Response due 12/21/98 for EQUAL EMPLOYMENT OPP (mmc) (Entered: 12/09/1998)

Dec. 9, 1998

Dec. 9, 1998

60

STATEMENT of Material Fact by BATH IRON WORKS CORP (Under Seal) (mmc) (Entered: 12/09/1998)

Dec. 9, 1998

Dec. 9, 1998

ENDORSEMENT on Motion granting [58-1] motion for Leave to File memo in excess (reply brief in connection with Mtn for S/J) ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (mmc) (Entered: 12/09/1998)

Dec. 9, 1998

Dec. 9, 1998

61

RESPONSE (Under Seal) by FORTIS BENEFITS INS to [50-1] motion for Partial Summary Judgment on grounds that Fortis is employer w/in meaning of ADA and that Fortis/BIW are unable to satisfy sec. 501(c) of the ADA (FILED UNDER SEAL) ; Reply to Response due 12/21/98 for EQUAL EMPLOYMENT OPP (mmc) (Entered: 12/09/1998)

Dec. 9, 1998

Dec. 9, 1998

ON TRIAL LIST for 2/1/99 ; Final Pre-Trial Memorandum due 12/30/98 for ANTHONY F CAMPAGNA, for FORTIS BENEFITS INS, for BATH IRON WORKS CORP, for EQUAL EMPLOYMENT OPP ; Final Pre-Trial Conference set for 9:00 1/7/99 before MAG. JUDGE DAVID M. COHEN ; cc: cnsl (mmc) (Entered: 12/10/1998)

Dec. 10, 1998

Dec. 10, 1998

62

REPLY by BATH IRON WORKS CORP to EEOC's consolidated response to [52-1] motion for Summary Judgment on Pltf EEOC's ADA Title I Claim, [48-1] motion for Summary Judgment as to EEOC's Calim Under Title I (dw) (Entered: 12/14/1998)

Dec. 14, 1998

Dec. 14, 1998

63

REPLY (UNDER SEAL) by FORTIS BENEFITS INS to response to [48-1] motion for Summary Judgment as to EEOC's Calim Under Title I (mmc) (Entered: 12/15/1998)

Dec. 14, 1998

Dec. 14, 1998

Motion(s) referred: [54-1] motion for Hearing on [52-1] motion for Summary Judgment on Pltf EEOC's ADA Title I Claim referred to MAG. JUDGE DAVID M. COHEN, [52-1] motion for Summary Judgment on Pltf EEOC's ADA Title I Claim referred to MAG. JUDGE DAVID M. COHEN, [49-1] motion for Oral Argument re: [48-1] motion for Summary Judgment as to EEOC's Claim Under Title I referred to MAG. JUDGE DAVID M. COHEN, [48-1] motion for Summary Judgment as to EEOC's Calim Under Title I referred to MAG. JUDGE DAVID M. COHEN (mmc) (Entered: 12/15/1998)

Dec. 15, 1998

Dec. 15, 1998

Case Details

State / Territory: Maine

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Nov. 6, 1997

Closing Date: Sept. 30, 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Fortis Benefits Insurance Corp., Private Entity/Person

Bath Iron Works Corp., Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit