Eileen Hylind v. Xerox Corporation
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:03-cv-00116-PJM Copies to all parties and the district court/agency. [999716657]. Mailed to: Eileen M. Hylind. [15-1425, 15-1438]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1425
EILEEN M. HYLIND,
Plaintiff - Appellant,
v.
XEROX CORPORATION,
Defendant - Appellee.
No. 15-1438
EILEEN M. HYLIND,
Plaintiff - Appellee,
v.
XEROX CORPORATION,
Defendant - Appellant.
Appeals from the United States District Court for the District
of Maryland, at Greenbelt.
Peter J. Messitte, Senior District
Judge. (8:03-cv-00116-PJM)
Submitted:
October 30, 2015
Decided:
Before NIEMEYER, WYNN, and DIAZ, Circuit Judges.
December 11, 2015
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Affirmed as modified by unpublished per curiam opinion.
Eileen M. Hylind, Appellant/Cross-Appellee Pro Se.
Marcuss, Adam Thomas Simons, MCGUIREWOODS, LLP,
Maryland, for Appellee/Cross-Appellant.
Elena D.
Baltimore,
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Eileen M. Hylind successfully sued Xerox Corp. (“Xerox”)
for gender discrimination and retaliation, in violation of Title
VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2(a)(1),
2000e-3(a) (2012).
In a previous appeal, we affirmed most of
the district court’s rulings, but vacated the back pay award and
remanded to the district court for it to re-assess its offset
determinations in light of Sloas v. CSX Transp., Inc., 616 F.3d
380, 389–90 (4th Cir. 2010).
Hylind v. Xerox Corp., 481 F.
App’x 819, 825 (4th Cir. 2012).
held
that
payments
Xerox
made
On remand, the district court
to
Hylind
pursuant
to
disability plan did not offset Hylind’s back pay award.
its
Xerox
appeals this ruling, and Hylind cross-appeals several elements
of
the
district
court’s
calculation
of
her
back
pay
and
interest.
Xerox argues that most of Hylind’s claims are barred by the
mandate rule.
part
or
for
We agree.
a
limited
When a judgment is vacated only in
purpose,
the
mandate
rule
“forecloses
relitigation of issues expressly or impliedly decided by the
appellate court,” as well as “issues decided by the district
court but foregone on appeal or otherwise waived, for example
because they were not raised in the district court.”
United
States v. Susi, 674 F.3d 278, 283 (4th Cir. 2012) (internal
quotation
marks
omitted).
We
3
previously
rejected
Hylind’s
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claims that the district court erred in determining the number
of years of lost wages to which she was entitled and the pay
rate for those wages.
Hylind, 481 F. App’x at 824-25 & n.2.
Accordingly, the mandate rule bars us from reconsidering that
decision in the present appeal.
Likewise, because Hylind failed
to challenge the district court’s denial of prejudgment interest
on
her
compensatory
damages
and
costs
awards
in
appeal, we cannot consider these challenges now.
her
first
Finally, we
affirm the district court’s decision to deny Hylind’s motion to
alter
or
amend
the
judgment
to
increase
the
benefits
amount
included in her back pay award because that motion was barred by
the mandate rule.
We turn next to Xerox’s claim that the district court erred
by denying it an offset for the payments it made to Hylind under
its disability plan.
“The collateral source rule holds that
compensation from a collateral source should be disregarded in
assessing
. . .
damages.”
quotation marks omitted).
Sloas,
616
F.3d
at
389
(internal
“We . . . consider a benefit to be
from a collateral source unless it results from payments made by
the employer in order to indemnify itself against liability.”
Id. at 390 (internal quotation marks omitted).
In determining that Xerox’s disability payments constituted
a collateral source, the district court applied the five factors
set forth in Allen v. Exxon Shipping Co., 639 F. Supp. 1545,
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(D.
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Me.
assessment
of
1986).
these
district court.
is
clear
that
We
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agree
factors
for
with
the
the
district
reasons
stated
court’s
by
the
Moreover, viewing the evidence as a whole, it
Xerox’s
disability
plan
was
designed
as
an
employee benefit, and not to indemnify Xerox against liability.
Accordingly, we affirm the district court’s back pay award.
Hylind
appeals
several
interest computations.
aspects
of
the
district
court’s
First, Hylind argues that the district
court erred by using Fed. R. Civ. P. 60(a) to alter its November
8,
2013
order
that
postjudgment
interest
on
Hylind’s
compensatory damages award would run from June 29, 2007.
if
we
were
to
conclude
that
the
corrective action is necessary.
district
court
Even
erred,
no
The compensatory damages award
was affirmed in all respects by our decision in the earlier
appeal
of
this
case.
Thus,
the
district
court
was
without
authority to alter any aspect of the compensatory damages award.
The court’s April 23, 2014 order merely restored that award to
the state that was affirmed in our prior decision, and thus
requires no correction.
Hylind
also
argues
that
the
district
court
erred
by
assessing postjudgment interest on her back pay award from the
date of the judgment prior to remand rather than the date of the
judgment following remand.
We conclude that the district court
did not err, as our prior decision vacated the back pay award to
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permit the district court to reconsider its application of the
collateral source rule—but did not affect Hylind’s entitlement
to
at
appeal.
least
the
quantum
of
back
pay
awarded
prior
to
that
Thus, the date of the prior judgment awarding back pay
was the proper date for commencement of postjudgment interest.
See Kaiser Aluminum & Chem. Corp. v. Bonjorno, 494 U.S. 827,
835-36 (1990).
Hylind further argues that the district court should have
amended its calculation of prejudgment interest on her back pay
award pursuant to Rule 60(a).
However, the record does not
indicate that the district court’s calculations were the product
of a mathematical error rather than a deliberate decision to
estimate Hylind’s salary as accruing on September 17 of each
year.
Accordingly, we find that the district court did not
abuse its discretion in denying Hylind’s Rule 60(a) motion.
Finally,
Hylind
challenges
the
district
court’s
order
denying her motion for an order requiring postjudgment interest
after
July
reiterates
31,
that
2014.
Hylind
This
is
order
entitled
stated:
to
“The
simple
[c]ourt
postjudgment
interest at the federal legal rate from the date of judgment
until paid.
See 28 U.S.C. § 1961.
. . .
Simple postjudgment
interest at the federal legal rate continues to accrue after
July 31, 2014 until paid.”
Hylind correctly notes that she is
entitled to compound interest, not simple interest.
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28 U.S.C.
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§ 1961(b) (2012).
intend
this
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It appears that the district court did not
language
to
constitute
an
order
that
simple
postjudgment interest accrue following July 31, 2014, but was
merely observing that the law already provided that postjudgment
interest
would
accrue
after
that
date.
Nonetheless,
for
purposes of clarity, we modify the district court’s order to
clarify that compound, rather than simple, postjudgment interest
applies.
In sum, we modify the district court’s March 25, 2015 order
to state that postjudgment interest is compound interest, rather
than simple interest, and affirm that order as modified.
We
affirm the district court’s rulings in all other respects. ∗
We
dispense
with
contentions
are
oral
argument
adequately
because
presented
in
the
the
facts
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED AS MODIFIED
∗
We deny Hylind’s request for a ruling that district
court’s calculation of her benefits amount does not have a
preclusive effect on future litigation should Xerox engage in
future illegal acts. See Scoggins v. Lee’s Crossing Homeowners
Ass’n, 718 F.3d 262, 269 (4th Cir. 2013) (“[A] claim is not ripe
for adjudication if it rests upon contingent future events that
may not occur as anticipated, or indeed may not occur at all.”
(internal quotation marks omitted)).
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