Free Jury Trial - Completed - District Court of Colorado - Colorado

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

Document 158

Filed 06/29/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn

Date: June 29, 2006 Ginny Kramer, Courtroom Deputy Suzanne Claar, Court Reporter Civil Case No. 04-cv-01067-REB-CBS Parties WILLIAM R. CADORNA, Plaintiff(s), v. CITY and COUNTY OF DENVER, Jack Wesoky Christopher Lujan Counsel Mark Brennan

Defendant. ___________________________________________________________________________ _ COURTROOM MINUTES - JURY TRIAL DAY EIGHT ___________________________________________________________________________ _

8:20 a.m.

Court in session.

Counsel were tendered the court' proposed jury instructions at 7:45 a.m. s Jury is not present. The Court and counsel discuss the Court' proposed jury instructions and verdict forms. s 9:12 a.m. 10:17 a.m Court in recess. Court in session.

Jury in not present. The court and counsel review the final jury instructions. ORDERED: 1. Instructions 1 through 32 and verdict forms A and B are approved 1

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for inclusion in this court' charge to the jury, and that all other s proposed and tendered jury instructions and verdict forms are respectfully rejected. The Court informs counsel that closing arguments are limited to forty-five (45) minutes. 10:25 a.m. 10:35 a.m. Court in recess. Court in session.

Jury is present. The jury is tendered the court' jury instructions. s 10:38 a.m 11:18 a.m. The court instructs the jury. Closing argument by Mr. Brennan, for the Plaintiff.

12:00 noon Court in recess and shall reconvene at 1:00 p.m. 1:05 p.m Court in session. 1:07 p.m. 1:43 p.m. Closing argument by Mr. Wesoky, for the Defendant. Rebuttal argument by Mr. Brennan, for the Plaintiff.

Courtroom Deputy and the Court Security Officer are sworn. 1:55 p.m. 2:00 p.m. 3:20 p.m. 3:25 p.m Case is submitted to the jury. Court in recess. Court is notified that the jury has a question. Counsel are notified.

Counsel has been tendered the jury' question s 3:43 p.m. Court in session.

The Court tenders to the proposed answer to the jury' question, to counsel. s The parties approve the Court' proposed answer. s The Courtroom Deputy is authorized to deliver the Court' answer to the jury' question s s to the jury. 2

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3:45 p.m. 3:47 p.m.

Court in recess. Court is advised by the jury that they have reached a verdict.

Counsel are notified. 4:50 p.m. Court in session.

Jury is present. The Court publishes the jury' verdict. s The jury' verdict is as follows: s 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 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? YES

ANSWER: 2.

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 of such discrimination? YES

ANSWER: 3.

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? $100,000.00

ANSWER: 6.

If you have 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' s action in terminating him was willful, as that term is defined in Instruction No. 22? 3

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ANSWER:

YES

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 froth in Instruction 16? YES

ANSWER: 2.

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? YES

ANSWER: 3.

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? $510,571.00

ANSWER: 5:01 p.m.

Jury is excused and dismissed from jury service with the thanks of the court. That judgment shall enter in favor of the plaintiff and against the defendant on the claims of the plaintiff as prescribed under Rule 58. That costs shall be taxed and allowed as prescribed under Rule 54(d)(1) and local Rule 54.1. That any claim for attorney fees and related non-taxable expenses and costs, other than costs under 28 U.S.C. § 1920, shall be marshalled and determined under Rule 54(d)(2) and local Rule 54.3.

ORDERED: 1.

2.

3.

5:05 p.m.

Court is in recess 4

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

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Total in court time - 4 hours and 5 minutes - Trial concluded

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