Grovenburg v. Lincare, Inc. et al
JUDGMENT in accordance with verdicts that plaintiff takes nothing on her complaint and the matter is dismissed with prejudice; further all parties are to bear their respective costs and attorney's fees. Signed by Honorable P. K. Holmes, III on September 21, 2011. (rw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
Case No. 2:10-CV-02077
On the 12th day of September 2011, this matter came on for trial to a duly selected jury
consisting of eight members, the undersigned presiding. At the completion of the three day trial, the
case was submitted to the jury on interrogatories and a unanimous verdict was reached as to each
interrogatory as follows:
Title VII Verdict Form:
On the sex and pregnancy discrimination claim of plaintiff Julia Grovenburg, as submitted
in Instruction 12, we find in favor of:
Defendant Lincare, Inc.
FMLA Verdict Form:
On the violation of the FMLA claim of plaintiff Julia Grovenburg, as submitted in Instruction
22, we find in favor of:
Plaintiff Julia Grovenburg
Note: Answer the next question only if the above finding is in favor of the plaintiff. If the
above finding is in favor of the defendant, have your foreperson sign and date this form
because you have completed your deliberations on this claim.
Has it been proved that the defendant would have discharged the plaintiff regardless of her
exercise of her rights under the FMLA?
Based upon the jury’s answers to the above-listed interrogatories, the jury was not required
to complete any remaining interrogatories. Both verdict forms were signed and dated by the jury
foreperson. In accordance with the above verdicts, IT IS HEREBY ORDERED AND ADJUDGED,
that Plaintiff takes nothing on her Complaint and the matter is DISMISSED WITH PREJUDICE.
All parties are to bear their respective costs and attorneys’ fees.
IT IS SO ORDERED this 21st day of September 2011.
/s/P. K. Holmes, III
P.K. HOLMES, III
UNITED STATES DISTRICT JUDGE
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