Free Notice (Other) - District Court of Connecticut - Connecticut

W4 ~;_~ `—m{rv—I
Case 3:00-cv-00973-AHN Document 93 Filed 02/14/2005 Page 1 of 4 I
ZUI35 FEB I LI ID 3: 5iI
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT [QISIRIGT 00III::I
IE.>0I2T. rt$I5‘$·.i I
TIMOTHY HAYES ; CNIL ACTION NO.:3:0Ocv0973(AI·1l\I)(HBF) i
Plaintiff ¤
VBTSUS I
= I
COMPASS GROUP USA, INC., d/b/a : I
EUREST DINING SERVICE and ;
CARI ORLANDI ; FEBRUARY 14 , 2005 I
Defendants : I
i Q
JOINT STATEMENT
Pursuant to this Honorable Court’s Pre Trial Order dated November 3, 2004, the Plaintiff]
Timothy Hayes ("Mr. Hayes"), through his legal counsel, and the defendants, Compass Group I
USA, Inc., dfb/a Eurest Dining Service and Cary Orlandi (collectively "defendants"), through
their respective legal counsel, hereby submit the following Joint Statement. R
a. Parties. Plaintift] Mr. Timothy Hayes, was born on September 30, 1950. He I
commenced employment in the food services industry on July 30, 1973. He worked for the I
defendant, Compass Group, USA, dfb/a Eurest Dining Service at the time of his discharge on
June I, 1998.
Defendant, Compass Group USA d/b/a Eurest Dining Service ("Compass”), provides on- Y
I I
site cafeteria and restaurant~style dining services to businesses and other institutions throughout i
the United States. Defendant, Cary Orlandi ("l\/lr. Orlandi"), is the Regional Vice President for
the Northeast Region for Compass and was plaintiffs direct supervisor. On June 1, 1998 Mr. `
Hayes was discharged by Mr. Orlandi. On May 25, 2000 Mr. Hayes filed his complaint.
I
b. Claims at Trial. Defendants moved jointly for summary judgment as to all of Mr. W
Hayes’ counts. On October 7, 2004, the Court (N evas, J.) ruled on the Defendants’ Motion for I

{{)OO5314B.DUC /} I
I
I
i I


_ - Case 3:00-cv-00973-AHN Document 93 Filed O2/14/2005 Page 2 of 4
I I
i
I I
Summary Judgment as follows: Count III (ERISA) dismissed, Count IV (Negligent Iniliction of
Emotional Distress) dismissed, Count V (Intentional Iniliction of Emotional Distress) dismissed, I I
and Count VI (Defamation) dismissed. Plaintiff intends to pursue the remaining claims, Count I I
(ADEA) and Count H (CFEPA), at time of trial.
c. Defenses. Defendants maintain that Mr. Hayes was an employee—at-will who was I
discharged for poor job performance. The defendants deny that they discriminated against Mr. I
Hayes, or that his age was even a consideration in his discharge.
d. Theories ofthe Case.
i. Plaintiffs Theory A motivating factor for the plaintiffs discharge was his age and he
is over the age forty (40). The defendanfs proffered reason for discharge is a pretext.
ii. Defendanfs Theory The plaintiff was discharged for poor performance. Age is not a
factor in employment decisions at Compass, and, thus, the plaintiffs age played no role in his
hire, promotion, or discharge. In fact, on June 1, 1998, when Mr. Orlandi informed the plaintiff
that his employment as a Regional Manager for Compass Group/Eurest was being terminated, I
Mr, Hayes was 47 years old; Mr. Orlandi was 46 years old. Moreover, it was Mr. Orlandi who !
had promoted the plaintiff to Regional Manager only two years before. I
The plaintiffs remote employment history in different positions for different employers I
is not relevant or probative of his performance as a Regional Manager for Compass. Likewise,
the plaintiffs allegations that the defendants harbored age animus against other former Compass I
employees is far more prejudicial than probative.
e. Pretrial Motions/Issues. Plaintiff intends to file a. Motion in Limine as to all
comments and/or testimony that reference the relationship between the plaintiff and his wife that
began while they both worked for Compass Group and to preclude reference tothe Court’s
Motion for Summary Judgment Findings on the Third through Fifth Counts.
;
l
ieeusarraeee /} I
`
i
1
_;_.

i l
. Case 3:00-cv-00973-AHN Document 93 Filed 02/14/2005 Page 3 of 4
Plaintiff also intends to tile a motion to the Court requesting authority to subpoena R
witness Wayne Patick from Melrose, MA to Bridgeport to testify at trial.
The defendants intend to move in limine to preclude the plaintiff from offering evidence i
regarding any other former employees who believe they were subjected to discrimination during `
their employment at Compass. These allegations are disputed, unproven, and in some cases have
been previously litigated and resolved in favor of Compass. Such evidence will confuse the {
issues surrounding the plaintiff s claim, and is far more prejudicial to the defendants than
probative of the plaintiffs case. I
Defendants’ also seek to exclude plaintiff from presenting the CHRO’s finding of l
Reasonable Cause. This finding followed an administrative hearing before a "hearing officer," A
and was governed by different rules of procedure, evidence and proof Although the plaintiff
was represented by counsel, neither Compass nor Mr. Orlandi had the benefit of counsel at the l
hearing.
The parties will make good faith efforts to resolve these issues without the need for
judicial intervention.
THVIOTHY HAYE COMP · G ROUP USA, f AND
C ' ' *·•’r| P
By his attorn By . • · eys, _
"k y 1 J i
Stephe M ' le = Fe . ar #CT06181 Christopher A. Kenney, Fed. Bar #CT250 {
McEleney & Grail, L C Margaret H. Paget, Fed. Bar #1 CT250 i {
363 Main Stre t Sherin and Lodgen LLP l l
Hartford, CT 610 101 Federal Street i
(860) 249-140 Boston, MA 02110
(617) 646-2000
l
Dated: February 14, 2005 i i
l i
“ i
[00053148.DOC /}
1 i
1

1 1
, Case 3:00-cv-00973-AHN Document 93 Filed O2/14/2005 Page 4 of 4
1
1 csnrrrrcmon 1
1
I HEREBY CERTIFY, that a copy ofthe forgoing has been mailed, first class postage prepaid
on this 14*1* day of February, 2005 to the following counsel of record:
Christopher Kenney, Esq. 1 ,
Margaret Paget, Esq.
Sherin and Lodgen LLP 1
101 Federal Street
Boston, MA 02110 I
1
Lawrence Peikes, Esq.
Wi ggin and Dana LLP 1
400 Atlantic Street 1
Stamford, CT 06901 y
1
1 1
Fred Frangie, Esq. -— 1
Robert Fortgang & Associates
573 Hopmeadow Street
Simsbury, CT 06070 1
Stephen ney, Esq. ,
1
1
1 1
1 1
1 1

1
1
1
1
1
1 1
1 1
1
1 1
1

1 .
1 1
m ____ 1 1