Free Motion for Judgment - District Court of Colorado - Colorado

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

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

04-cv-1067-REB-CBS WILLIAM R. CADORNA, Plaintiff, v. CITY AND COUNTY OF DENVER, COLORADO, a Municipal Corporation, Defendant.

PLAINTIFF' MOTION FOR ENTRY OF PARTIAL JUDGMENT FOR BACK PAY AND S LIQUIDATED DAMAGES

Plaintiff William R. Cadorna ("lni o " Cadorna"hereby moves pursuant Pa t " rMr. if f ) to 28 U.S.C. §626(b) and Fed.R.Civ.P. 54 and 58, and in accordance with the Juy r' s June 29, 2006 verdict, for entry of partial judgment in his favor for $610,571.00 in back pay and for an additional $610,571.00 in liquidated damages, for a total of $1,221,142.00. As grounds for this motion, Plaintiff states: 1. On June 29, 2006, the Jury in the trial of this action issued its verdict

finding Defendant liable to Plaintiff for willful age discrimination in terminating Plaintiff, and awarded Plaintiff $100,000.00 in back pay and other benefits as defined in Jury Instruction No. 26. (Verdict Form A, attached). Also on June 29, 2006, the Jury in the trial of this action issued its verdict finding Defendant liable to Plaintiff for willful age discrimination in refusing to reinstate or otherwise fully compensate Plaintiff for his

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unlawful termination, and awarded Plaintiff an additional $510,571.00 in back pay and other benefits as defined in Jury Instruction No. 26. (Verdict Form B, attached). 2. Because the Juy o n D fn a t a ed ci n t ni tr n t g r fu d ee d n' g i r ai n emi i s s mi o an

Plaintiff and refusing to reinstate Plaintiff or otherwise fully compensate him for his unlawful termination was willful, an award of liquidated damages equal to his total back pay award of $610,571.00 is mandatory. 28 U.S.C. §626(b); Greene v. Safeway Stores, Inc., 210 F.3d 1237, 1245-46 (10 Cir. 2000), citing Bruno v. Western Electric, 829 F.2d 957, 967 (10th Cir. 1987). 3. On the assumption that this Court will comply with its obligation to grant
th

Plaintiff liquidated damages equal to his back pay, Plaintiff has not requested prejudgment interest, as an award of liquidated damages obviates an award of prejudgment interest. Greene, supra, 210 F.3d at 1247, citing Blim v. Western Electric Co., 731 F.2d 1473, 1479 (10th Cir. 1984). 4. ItiC ut n x e td d n s lnis t nfr nr o j g n fh o ru e p c l e i Pa t 'moi o e t f d me t s ey e if f o y u

for the total back pay and liquidated da g s f 12 11 20 rq i db tej y ma e o $ ,2 ,4 .0 e u e y h u ' r rs verdict(s), Plaintiff requests leave to move for an award of prejudgment interest. 5. Plaintiff will by separate motions submit his additional requests for

judgment granting him front pay in lieu of reinstatement, t re 'fe , n e p n e . at n y e s a d x e s s o s 6. In compliance with D.C. COLO.LCivR. 7.1(A), the undersigned certifies

that he consulted with opposing counsel concerning the subject of this motion, and opposing counsel stated his opposition to it.

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WHEREFORE, good cause having been shown, Plaintiff respectfully requests that this Court enter partial judgment in his favor for $610,571.00 in back pay, and for an additional $610,571.00 in liquidated damages, for a total of $1,221,142.00. DATED this 10th day of July, 2006. Respectfully submitted,

/S/

Mark E. Brennan

Mark E. Brennan, P.C. P.O. Box 2556 Centennial, CO. 80161-2556 (303) 552-9394 (office) (303) 797-7687 (cell) [email protected] Attorney for Plaintiff

CERTIFICATE OF SERVICE In compliance with D.C.COLO.LCivR. 6.1, the undersigned hereby certifies that, on this 10th day of July, 2006, he served, o tiC ut e c o ifn ss m served, rh o rs l t n i g yt s ' er cl i e a copy of the foregoing Motion to for Entry of Partial Judgment for Back Pay and Liquidated Damages on the following person(s) via electronic mail: Jack Wesoky, Esq. Christopher Lujan, Esq. Office of the City Atty. 201 W. Colfax, Dept. 1108 Denver, CO. 80202 /S/

Mark E. Brennan

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