Case: EEOC v. DELOITTE & TOUCHE

1:97-cv-06484 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 3, 1997

Closed Date: July 27, 2000

Clearinghouse coding complete

Case Summary

The New York District Office of the EEOC brought this suit against Deloitte & Touche, L.L.P., in September 1997, in the U.S. District Court for the Southern District of New York. The suit was based on an alleged violation of the Americans with Disabilities Act ("ADA"), when Deloitte & Touche denied death benefits to the complainants based on an agreement with Deloitte signed in 1988 that denied the benefits to his family if he died from a pre-existing condition, in this case a form of cancer. …

The New York District Office of the EEOC brought this suit against Deloitte & Touche, L.L.P., in September 1997, in the U.S. District Court for the Southern District of New York. The suit was based on an alleged violation of the Americans with Disabilities Act ("ADA"), when Deloitte & Touche denied death benefits to the complainants based on an agreement with Deloitte signed in 1988 that denied the benefits to his family if he died from a pre-existing condition, in this case a form of cancer. When the complainant died of this pre-existing condition, Deloitte denied the benefits to his estate. Deloitte & Touche moved within two months of the filing of the complaint for a 12(b)(6) motion to dismiss or in the alternative for summary judgment. Because the ADA, which is not retroactive, was passed after the agreement was signed and the EEOC was not claiming a continued violation, both motions were granted in July 2000. The case was appealed and the appeal was withdrawn in August 2001.

Summary Authors

Kevin Wilemon (6/12/2007)

Documents in the Clearinghouse

Document

1:97-cv-06484

Docket

EEOC v. Deloitte & Touche

Aug. 7, 2001

Aug. 7, 2001

Docket

1:97-cv-06484

01-06108

Docket [Court of Appeals]

EEOC v. Deloitte & Touche

U. S. Court of Appeals for the Second Circuit

Aug. 15, 2001

Aug. 15, 2001

Docket
18

1:97-cv-06484

Memorandum and Order

EEOC v. Deloitte & Touche

July 25, 2000

July 25, 2000

Order/Opinion

Resources

Docket

Last updated Aug. 26, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ USA (bm) (Entered: 09/03/1997)

Sept. 3, 1997

Sept. 3, 1997

Magistrate Judge Francis is so Designated. (bm) (Entered: 09/03/1997)

Sept. 3, 1997

Sept. 3, 1997

2

NOTICE OF MOTION by Deloitte & Touche for an order pursuant to FRCP 12(b)(6) to dismiss , or in the alternative for an order pursuant to FRCP 56(c) for summary judgment , Return date 11/19/97 (rag) (Entered: 11/07/1997)

Nov. 5, 1997

Nov. 5, 1997

3

MEMORANDUM by Deloitte & Touche in support of [2-1] motion for an order pursuant to FRCP 12(b)(6) to dismiss, [2-2] motion for an order pursuant to FRCP 56(c) for summary judgment (rag) (Entered: 11/07/1997)

Nov. 5, 1997

Nov. 5, 1997

5

STIPULATION and ORDER, EEOC's response to motion reset to 12/5/97 [2-1] motion for an order pursuant to FRCP 12(b)(6) to dismiss; EEOC's response reset to 12/5/97 [2-2] motion for an order pursuant to FRCP 56(c) for summary judgment ; Deloitte's reply to response to motion reset to 12/15/97 [2-1] motion for an order to FRCP 12(b)(6) to dismiss; Deloitte's reply to response to motion reset to 12/15/97 [2-2] motion for an order pursuant to FRCP 56(c) for summary judgment ; oral argument shall be scheduled thereafter at the Court's convenience ( signed by Judge Lawrence M. McKenna ). (kw) (Entered: 12/01/1997)

Nov. 28, 1997

Nov. 28, 1997

6

RESPONSE by E.E.O.C. in opposition to [2-1] motion for an order pursuant to FRCP 12(b)(6) to dismiss; [2-2] motion for an order pursuant to FRCP 56(c) for summary judgment (ae) (Entered: 12/11/1997)

Dec. 5, 1997

Dec. 5, 1997

7

NOTICE OF MOTION by E.E.O.C. for an order granting summary judgment to EEOC , Return date 1/5/98; Oral argument requested; with declaration in support & Local Rule 56.1 Statement attached. (ae) Modified on 12/11/1997 (Entered: 12/11/1997)

Dec. 5, 1997

Dec. 5, 1997

8

STIPULATION and ORDER, defendant's Reply to Response to Motion reset to 12/24/97 for [7-1] motion for an order granting summary judgment to EEOC; reset to 12/24/97 [2-1] motion for an order pursuant to FRCP 12(b)(6) to dismiss; reset to 12/24/97 [2-2] motion for an order pursuant to FRCP 56(c) for judgment ; the time for plaintiff to file its reply in further support of its motion for summary judgment is extended through January 15, 1998 (signed by Judge M. McKenna). (djc) Modified on 12/18/1997 (Entered: 12/17/1997)

Dec. 16, 1997

Dec. 16, 1997

9

STIPULATION and ORDER; Response to motion reset to 12/5/97 [2-1] motion for an order pursuant to FRCP 12(b)(6) to dismiss, reset to 12/5/97 [2-2] motion for an order pursuant to FRCP 56(c) for summary judgment ; Reply to Response to Motion reset to 12/15/97 [2-1] motion for an order pursuant to FRCP 12(b)(6) to dismiss, reset to 12/15/97 [2-2] motion for an order pursuant to FRCP 56(c) for summary judgment ; oral argument shall be scheduled thereafter at the Court's convenience ( signed by Judge Lawrence M. McKenna ). (sac) (Entered: 12/18/1997)

Dec. 16, 1997

Dec. 16, 1997

10

REPLY MEMORANDUM by Deloitte & Touche in support of their [2-1] motion for an order pursuant to FRCP 12(b)(6) to dismiss, [2-2] motion for an order pursuant to FRCP 56(c) for summary judgment, and in opposition to pltff's [7-1] motion for an order granting summary judgment to EEOC (lam) (Entered: 12/29/1997)

Dec. 23, 1997

Dec. 23, 1997

11

RESPONSE by Deloitte & Touche Re: pltff's Local Rule 56.1 Statement (lam) (Entered: 12/29/1997)

Dec. 23, 1997

Dec. 23, 1997

12

STIPULATION and ORDER, EEOC's Reply to Response to Motion reset to 2/20/98 [7-1] motion for an order granting summary judgment to EEOC ; oral argument shall be scheduled thereafter at the Court's convenience (signed by Judge Lawrence M. McKenna) (djc) (Entered: 01/21/1998)

Jan. 20, 1998

Jan. 20, 1998

13

STIPULATION and ORDER, plaintiff's reply to response to motion reset to 3/20/98 [7-1] motion for an order granting summary judgment to EEOC ; oral argument may be scheduled thereafter at the Court's convenience ( signed by Judge Lawrence M. McKenna ). (kw) (Entered: 02/23/1998)

Feb. 20, 1998

Feb. 20, 1998

14

REPLY MEMORANDUM by E.E.O.C. re: in support of [7-1] motion for an order granting summary judgment to EEOC; in opposition to [2-1] motion for an order pursuant to FRCP 12(b)(6) to dismiss, [2-2] motion an order pursuant to FRCP 56(c) for summary judgment. Fld in night deposit on 3/18/98 at 5:29 p.m. (emil) (Entered: 03/20/1998)

March 18, 1998

March 18, 1998

15

DECLARATION of Elizabeth Grossman on behalf of EEOC Re: in support of [7-1] motion for an order granting summary judgment to EEOC; in opposition to [2-1] motion for an order pursuant to FRCP 12(b)(6) to dismiss, [2-2] motion for an order pursuant to FRCP 56(c) for summary judgment. Fld in night deposit on 3/18/98 at 5:29 p.m. (emil) (Entered: 03/20/1998)

March 18, 1998

March 18, 1998

16

SUPPLEMENTAL MEMORANDUM OF LAW by Deloitte & Touche re: to Address the Casellano Decision by the Second Circuit (djc) (Entered: 04/13/1998)

April 8, 1998

April 8, 1998

17

Filed Memo-Endorsement on letter to Judge McKenna from Mark S. Landman dated 3/31/98, granting deft leave to file a supplemental memorandum of law in further support of their motion to dismiss, or in the alternative, for summary judgment on or before 4/8/98 (signed by Judge Lawrence M. McKenna). (kg) (Entered: 04/13/1998)

April 10, 1998

April 10, 1998

18

MEMORANDUM and ORDER, granting [2-1] motion for an order pursuant to FRCP 12(b)(6) to dismiss, granting [2-2] motion for an order pursuant to FRCP 56(c) for summary judgment, denying [7-1] motion for an order granting summary judgment to EEOC; The Clerk will enter judgment dismissing the complaint . ( signed by Judge Lawrence M. McKenna ); Copies mailed. (Original forwarded to the Judgment Clerk) (ri) Modified on 07/25/2000 (Entered: 07/25/2000)

July 25, 2000

July 25, 2000

19

JUDGMENT; for the reasons stated in the Court's Memorandum and Order dated 7/19/00, defts' motion to dismiss the complaint and for summary judgment is granted, EEOC's motion for summary judgment is denied, and the complaint is dismissed. (signed by James M. Parkison, Clerk of Court); Mailed copies and notice of right to appeal. Entered On Docket: 7/27/00. (sn) (Entered: 07/28/2000)

July 27, 2000

July 27, 2000

Case closed. (sn) (Entered: 07/28/2000)

July 27, 2000

July 27, 2000

20

NOTICE OF MOTION by E.E.O.C. for reconsideration of [18-1] order The Clerk will enter judgment dismissing the complaint ; Return date not indicated (cd) (Entered: 08/03/2000)

Aug. 2, 2000

Aug. 2, 2000

21

MEMORANDUM OF LAW by E.E.O.C. in support of [20-1] motion for reconsideration of [18-1] order The Clerk will enter judgment dismissing the complaint . (cd) (Entered: 08/03/2000)

Aug. 2, 2000

Aug. 2, 2000

22

MEMORANDUM OF LAW by Deloitte & Touche in opposition to [20-1] motion for reconsideration of [18-1] order The Clerk will enter judgment dismissing the complaint. (djc) (Entered: 08/18/2000)

Aug. 16, 2000

Aug. 16, 2000

24

NOTICE OF APPEAL by E.E.O.C. ; from [23-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Mark S. Landman, Esq. (dt) (Entered: 05/15/2001)

May 15, 2001

May 15, 2001

Notice of appeal and certified copy of docket to USCA: [24-1] appeal by E.E.O.C. ; Copy of notice of appeal sent to District Judge. (dt) (Entered: 05/15/2001)

May 15, 2001

May 15, 2001

USCA Case Number Re: [24-1] appeal by E.E.O.C. USCA NUMBER: 01-6108. (dt) (Entered: 08/02/2001)

Aug. 2, 2001

Aug. 2, 2001

25

MANDATE OF USCA (certified copy) Re: [24-1] appeal by E.E.O.C. The parties to this appeal, Paul D. Ramshaw and Mark S. Landman, hereby agree that the appeal should be dismissed pursuant to Fed. R. App. P. 42(b), each party to bear its own costs on appeal. Issued as Mandate: 8/2/01, 01-6108 Roseann B. MacKechnie, Clerk, U.S.C.A. (sb) (Entered: 08/15/2001)

Aug. 7, 2001

Aug. 7, 2001

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 3, 1997

Closing Date: July 27, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Deloitte & Touche (New York), 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

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Discrimination-area:

Medical Exam / Inquiry

Pay / Benefits

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits