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HASTINGS v. UNION BOILER, CO.

Civ. No. 86-0034-P.

688 F.Supp. 63 (1988)

Leon W. HASTINGS, Plaintiff, v. UNION BOILER, CO., et al., Defendants.

United States District Court, D. Maine.

June 28, 1988.

Attorney(s) appearing for the Case

Douglas S. Kaplan, Kenneth W. Hovermale, Bornstein & Hovermale, Portland, Me., for plaintiff.

James M. Bowie, Portland, Me., for defendants.

Peter J. Brann, Augusta, Me., for intervenor James E. Tierney, Atty. Gen. for State of Me.

ORDER GRANTING DEFENDANTS' MOTION TO AMEND

CYR, Chief Judge.

On November 20, 1987, defendants moved to amend their motion to dismiss, dated May 7, 1986, to include res judicata as a further ground for dismissal. Plaintiff objects on the grounds that he would be severely prejudiced and that the motion to amend was not timely filed in accordance with an October 19, 1987 scheduling order.

Res judicata is an affirmative defense generally considered waived...

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