Free Clerk's Judgment - District Court of Colorado - Colorado

Case 1:04-cv-01067-MSK-CBS

Document 203

Filed 11/28/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-01067-REB-CBS WILLIAM R. CADORNA, Plaintiff, v. THE CITY AND COUNTY OF DENVER, COLORADO, a municipal corporation, Defendant. _______________________________________________________________________ JUDGMENT _______________________________________________________________________ This matter was tried as to plaintiff' claims on June 19, 2006, through June 29, s 2006, before a duly sworn jury of eight, the Honorable Robert E. Blackburn, United States District Judge presiding. On June 8, 2006, the court granted in part and denied in part, the defendant' s Motion for Summary Judgment [#81], filed March 8, 2006. The defendant' motion was s granted with respect to the plaintiff' procedural due process claims under 42 U.S.C. § s 1983, and his ADA claims, and those claims were dismissed with prejudice. On June 27, 2006, the court granted the defendant' Motion for Judgment as a s Matter of Law on plaintiff' substantive due process claims and, therefore, plaintiff' s s substantive due process claims were dismissed with prejudice. The court also dismissed with prejudice any claim for age discrimination based on disparate impact. The trial proceeded to conclusion and the jury rendered its verdict on special interrogatories as follows:

Case 1:04-cv-01067-MSK-CBS

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Judgment Civil Action 04-cv-01067-REB-CBS Page 2 VERDICT FORM A - DISCRIMINATION ON THE BASIS OF AGE TERMINATION OF EMPLOYMENT. We, the Jury, present our Answers to Questions submitted by the Court to which we have all agreed; 1. Has the plaintiff proved by a preponderance of the evidence all three (3) essential elements of his claim for age discrimination in the termination of his employment as set forth in Instruction No. 15? ANSWER: 2. YES

Do you find by a preponderance of the evidence that the plaintiff has suffered compensatory damages in the form of back pay, as defined in Instruction No. 26, as a result to such discrimination?

ANSWER: 3.

YES

What is the total amount of compensatory damages in the form of back pay, as defined in Instruction No. 26, that you find, by a preponderance of the evidence, defendant is liable to pay plaintiff?

ANSWER: 6.

$100,000.00

If you found that plaintiff is entitled to an award of compensatory damages in response to Question Number 3 above, do you find that plaintiff has proven by a preponderance of the evidence that defendant' action in s terminating him was willful, as that term is defined in Instruction No. 22?

ANSWER:

YES

Case 1:04-cv-01067-MSK-CBS

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Filed 11/28/2006

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Judgment Civil Action 04-cv-01067-REB-CBS Page 3 VERDICT FORM B - DISCRIMINATION ON THE BASIS OF AGE FAILURE TO REINSTATE OR AWARD BENEFITS BEYOND DATE OF RETIREMENT. We, the Jury, present our Answers to Questions submitted by the Court, to which we have all agreed; 1. Has plaintiff proved by a preponderance of the evidence all three (3) essential elements of his claim for age discrimination in the failure to reinstate him or award him benefits beyond the date of his retirement as set forth in Instruction 16? ANSWER: 2. YES

Do you find by a preponderance of the evidence that the plaintiff has suffered compensatory damages in the form of back pay, as defined in Instruction 26, as a result of such discrimination?

ANSWER: 3.

YES

What is the total amount of compensatory damages in the form of back pay, as defined in Instruction No. 26, if any, that you find, by a preponderance of the evidence, defendant is liable to pay plaintiff?

ANSWER:

$510,571.00

THEREFORE, IT IS ORDERED as follows: 1. That the Amended Motion by Plaintiff Pursuant to Fed.R.Civ.P. 15(b) and 16(e) to Amend Pretrial Order to Conform to the Evidence and/or Prevent Manifest Injustice [#198], filed October 2006, is denied as

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Judgment Civil Action 04-cv-01067-REB-CBS Page 4 moot in part and denied in part; A. That the motion is denied as moot concerning the plaintiff' s claim for liquidated damages; and B. 2. That the motion is denied otherwise;

That Plaintiff' Motion for Entry of Partial Judgment for Back Pay and s Liquidated Damages [#163], filed July 10, 2006, is granted;

3.

That Plaintiff' Motion for Entry of Judgment for Front Pay in Lieu of s Reinstatement [#164], filed July 10, 2006, is denied;

4.

That judgment shall enter on behalf of the plaintiff, William R. Cadorna, and against the defendant, the City and County of Denver, Colorado, as to the plaintiff' claims of willful age discrimination under s the ADEA in the termination of his employment and in the failure to reinstate him or award him benefits past the date of his retirement;

5.

That the plaintiff is awarded damages in the total amount of $1,221,142.00, comprised of $610,571 in backpay and an additional $610,671 in liquidated damages, as provided by the ADEA, 29 U.S.C. § 626(b);

6. 7.

That no prejudgment interest shall accrue on the award; That the plaintiff is awarded post-judgment interest in the amount of 4.72%, from the date of this judgment until the judgment is fully paid,

Case 1:04-cv-01067-MSK-CBS

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Filed 11/28/2006

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Judgment Civil Action 04-cv-01067-REB-CBS Page 5 pursuant to 28 U.S.C. § 1961; 8. That the plaintiff is awarded his costs, to be taxed by the Clerk of the Court pursuant to Fed.R.Civ.P. 54(d)(1) and D.C.COLO.LCivR 54.1; and 9. That the plaintiff shall be reinstated as of the date of the jury' verdict s on June 29, 2006, to the position, rank, salary, and benefits he enjoyed at the time of his unlawful termination at his written request to be made of defendant on or before December 31, 2006.

DATED this 28th day of November, at Denver, Colorado,

FOR THE COURT: GREGORY C. LANGHAM, CLERK s/Stephen P. Ehrlich By:______________________________ Stephen P. Ehrlich Chief Deputy Clerk

Approved as to form: s/ Robert E. Blackburn Robert E. Blackburn United States District Judge