BERLIN – New documents filed in the latest harassment case against the Berlin Fire Company reveal that the lawsuit comes after settlement discussions came to a halt.
In October, the attorney representing the Berlin Fire Company (BFC) filed a motion to dismiss the harassment case filed against the organization by former paramedic Jeffrey Dean. Last week, a federal judge dismissed that motion just days after Dean’s attorney filed an amended complaint.
“Because the motion is directed to a complaint that has been superseded, I shall deny the motion as moot, without prejudice to defendant’s right to move to dismiss the amended complaint,” Judge Ellen Lipton Hollander wrote in a Nov. 20 memorandum.
Dean filed a $500,000 lawsuit — alleging harassment and discrimination — against the Berlin Fire Company in September. It alleges that the fire company violated the protections put forth by the Civil Rights Act of 1964 — which prohibits employers from discriminating against employees — and claims that Dean was the victim of harassment and retaliation for his support of Zack Tyndall, the former BFC member who filed the initial harassment case against the organization. Tyndall’s case was settled for an undisclosed amount in 2015.
In response to Dean’s lawsuit, the fire company’s attorney filed a motion to dismiss the case. The motion argued that Dean should have filed within 90 days of receiving a “right to sue” letter from the Equal Employment Opportunity Commission. Instead, the lawsuit was filed 202 days after Dean received the letter.
Before Hollander could rule on the motion to dismiss, Dean’s attorney filed an amended complaint. It says the lawsuit was filed more than 90 days after receipt of the letter because of “reliance upon the representations” of the fire company.
The amended complaint explains that Dean’s attorney, James Otway, represented Tyndall, who is now a town councilman, when he filed his lawsuit against the BFC.
“Therefore prior to becoming involved in this matter, counsel for both parties had a working relationship which resulted in resolution of claims arising out of the same factual universe,” the complaint reads.
And so Otway contacted the fire company’s attorneys, Jo Anna Schmidt and Danielle Marone, in 2016 regarding Dean’s intent to file a lawsuit contending that he was harassed and retaliated against because he supported Tyndall.
“In that conversation, defense counsel indicated a desire to resolve the dispute without litigation and requested a demand,” the complaint reads.
That resulted in an August 2016 letter outlining Dean’s claims and seeking $875,000.
According to this month’s amended complaint, conversations regarding mediation and potential mediators continued after Dean’s receipt of the EEOC letter in February. A late July email from Otway’s office to that of the fire company’s attorneys listing potential mediators was not responded to, however, and in September Otway filed the lawsuit.
“At all times, plaintiff, through counsel, believed the defendant intended to mediate the matter, and, if unsuccessful, to defend the lawsuit…,” the amended complaint reads. “This belief was reinforced when it was specifically indicated to defendant’s counsel that plaintiff was ready to file suit and defendant’s counsel said not to do so as she believed it would be resolved in mediation.”
Dean has asked for a jury trial and is seeking attorney’s fees and “all wages, benefits, and compensation lost due to the illegal conduct” which is believed to exceed $500,000.
