Free Trial Brief - District Court of Arizona - Arizona

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David C. Larkin #006644 DAVID C. LARKIN, P.C. 4645 South Lakeshore Drive, Suite 6 Tempe, Arizona 85282 Telephone (480) 491-2900 Fax (480) 755-4825 William P. Allen #011161 ALLEN LAW FIRM, LLC 1650 North First Avenue Phoenix, Arizona 85003 Telephone (602) 495-6502 Fax (602) 277-9839 Attorneys for Plaintiff

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Connie B. Pappas, Plaintiff, vs. J.S.B. Holdings, Inc., d.b.a. R&D Specialty/Manco, Defendant. Plaintiff provides this trial memorandum regarding a matter that arose at the June 21, 2006 Pretrial Conference. At the pretrial trial conference, plaintiff's counsel discussed briefly his amended jury instruction on the measure of damages that added an instruction on front pay. Defendant objected on the grounds that the front pay claim was not disclosed. As plaintiff's counsel pointed out at the pretrial conference, both the First Amended Complaint and Plaintiff's Answers to Defendant's Interrogatories disclosed the front pay claim. The only matters which have changed is the hourly rate. Her hourly rate of pay has increased which has reduced her front pay claim. Defendant is certainly not prejudiced by a reduced front pay calculation. No. CV-03-1449-PHX-PGR PLAINTIFF'S TRIAL MEMORANDUM REGARDING DISCLOSURE OF FRONT PAY

Case 2:03-cv-01449-PGR

Document 101

Filed 06/26/2006

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Attached to this memorandum is (1) the excerpt from the verified First Amended Complaint filed on November 4, 2003 showing Mrs. Pappas's claim for back pay and front pay on her sex discrimination claim, and (2) the excerpt from Plaintiff's Answers to Defendant's First Rule 33 Nonuniform Interrogatories to Plaintiff, Interrogatory No. 9 served on February 4, 2004 disclosing a front pay calculation based on the reduced hourly wage she received from her subsequent employer, with a weekly wage loss from the lower paying job projected over her work life. Defendant has been on notice of a front pay claim for over two years. Mrs. Pappas will testify at trial about her estimated future wage losses based upon her reasonable projected annual hours of work and her current hourly wage rate. This is precisely the calculation that was disclosed in February 2004, although her loss calculation is less today because her hourly rate has increased since that disclosure. Defendant's objection to the front pay jury instruction is meritless. The Court should instruct the jury in accordance with the evidence presented at trial regarding her claim for lost future wages, i.e., her front pay claim. Respectfully submitted this 26th day of June, 2006.

DAVID C. LARKIN, P.C. By: /s David C. Larkin David C. Larkin and ALLEN LAW FIRM, LLC By: /s William P. Allen William P. Allen Attorneys for Plaintiff Electronic notice and service of documents provided to: Sharon S. Moyer No. 013341 Mark D. Dillon No. 014393 SACKS TIERNEY P.A. 4250 N. Drinkwater Blvd., 4th Floor -2-

Case 2:03-cv-01449-PGR

Document 101

Filed 06/26/2006

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Scottsdale, AZ 85251-3693 Attorneys for Defendants /s David C. Larkin

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Case 2:03-cv-01449-PGR

Document 101

Filed 06/26/2006

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