Jeffrey Gunchick v. Federal Insurance Company et al

Filing 164

JUDGMENT FOLLOWING JURY TRIAL by Judge Ronald S.W. Lew: NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that said Plaintiff, Jeffrey Gunchick recover nothing by reason of his Complaint and that Judgment shall be, and hereby is, entered in favor of Defendant Federal Insurance Company and against Plaintiff Jeffrey Gunchick. SEE JUDGMENT FOR COMPLETE DETAILS. (MD JS-6, Case Terminated). (jre)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JEFFREY GUNCHICK,

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Case No. CV14-01162 RSWL(PJWx)
Assigned to Hon. Ronald S.W. Lew

Plaintiff,

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v.

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FEDERAL INSURANCE COMPANY;
15 and DOES 1 through 20, inclusive
Defendants.

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JUDGMENT FOLLOWING JURY
TRIAL
Removal Filed:
Trial Date:

February 14, 2014
April 21, 2015

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This action came on regularly for trial on April 21, 2015 before the Honorable

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19 Ronald S. W. Lew, Senior United States District Court Judge, in Room 21 of the
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United States District Court for the Central District of California. Plaintiff Jeffrey

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Gunchick appeared by Michael J. Freiman, Esq. and Lawrence W. Freiman, Esq. of

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Freiman Law, and Defendant Federal Insurance Company appeared by Vince M.

23 Verde, Esq. and Richard Y. Chen, Esq. of Ogletree, Deakins, Nash, Smoak &
24 Stewart, P.C.
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A jury of seven persons was regularly impaneled and sworn. Witnesses were

26 sworn and testified.
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Case No. CV14-01162 RSWL(PJWx)

JUDGMENT FOLLOWING JURY TRIAL

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After hearing the evidence and argument of counsel, the jury was duly

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instructed by the Court and the cause was submitted to the jury with directions to

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return a verdict on special issues. The jury deliberated and thereafter returned into

4 Court with its verdict consisting of the special issues submitted to the jury and the
5 answers given thereto by the jury, which said verdict was in words and figures as
6 follows, to wit:
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8 1.

Was Plaintiff employed by Defendant?
x

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Yes

No

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If your answer to question 1 is yes, then answer question 2. If you

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answered no, stop here, answer no further questions, and have the presiding

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juror sign and date this form.

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2.

Was Plaintiff discharged?
x

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Yes

No

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If your answer to question 2 is yes, then answer question 3. If you

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answered no, stop here, answer no further questions, and have the presiding

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juror sign and date this form.

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3.

Was Plaintiff’s disability a substantial motivating reason for Defendant’s

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decision to discharge Plaintiff?
Yes

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x

No

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If your answer to question 3 is yes, then answer question 4. If you

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answered no, stop here, answer no further questions, and have the presiding

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juror sign and date this form.

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Case No. CV14-01162 RSWL(PJWx)

[PROPOSED] JUDGMENT FOLLOWING JURY TRIAL

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4.

Were the issues concerning Plaintiff’s conduct also a substantial motivating

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reason for Defendant’s decision to discharge Plaintiff?
Yes

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No

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If your answer to question 4 is Yes, then answer question 5. If you

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answered No, skip question 5 and answer question 6.

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5.

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concerning Plaintiff’s conduct had Defendant not also been substantially motivated

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by discrimination?

Would Defendant have discharged Plaintiff anyway based on issues

Yes

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No

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If your answer to question 5 is No, then answer question 6. If you

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answered Yes, stop here, answer no further questions, and have the presiding

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juror sign and date this form.

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6.

Did the discharge cause Plaintiff harm?
Yes

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No

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If your answer to question 6 is yes, then answer question 7. If you answered no,

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stop here, answer no further questions, and have the presiding juror sign and

19 date this form.
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21 7.

What are Plaintiff’s damages?

22 $_________________________
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24 Dated: April 27, 2015
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[NAME REDACTED BY COURT]
Foreperson”

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Case No. CV14-01162 RSWL(PJWx)

[PROPOSED] JUDGMENT FOLLOWING JURY TRIAL

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It appearing by reason of said verdict as to Defendant Federal Insurance

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Company, that Defendant Federal Insurance Company is entitled to judgment against

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Plaintiff Jeffrey Gunchick:

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NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that

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said Plaintiff, Jeffrey Gunchick recover nothing by reason of his Complaint and that

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Judgment shall be, and hereby is, entered in favor of Defendant Federal Insurance

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Company and against Plaintiff Jeffrey Gunchick.

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RONALD S.W. LEW

DATED: May 7, 2015

Honorable Ronald S.W. Lew
Senior, U.S. District Court Judge

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Case No. CV14-01162 RSWL(PJWx)

[PROPOSED] JUDGMENT FOLLOWING JURY TRIAL

PROOF OF SERVICE
Gunchick v. Federal Insurance Company
Case No. CV14-01162 RSWL(PJWx)

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I am and was at all times herein mentioned over the age of 18 years and not a

4 party to the action in which this service is made. At all times herein mentioned I

have been employed in the County of Orange in the office of a member of the bar of

5 this court at whose direction the service was made. My business address is 695

Town Center Drive, Suite 1500, Costa Mesa, CA 92626.

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On May 4, 2015, I served the following document(s):
[PROPOSED] JUDGMENT FOLLOWING JURY TRIAL
BY MAIL: I placed the envelope for collection and mailing, following our
ordinary business practices. I am readily familiar with the practice of
Ogletree, Deakins, Nash, Smoak & Stewart P.C.’s practice for collecting and
processing correspondence for mailing. On the same day that correspondence
is placed for collection and mailing, it is deposited in the ordinary course of
business with the United States Postal Service, in a sealed envelope with
postage fully prepaid.

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BY CM/ECF: With the Clerk of the United States District Court of
California, using the CM/ECF System. The Court’s CM/ECF System will
send an e-mail notification of the foregoing filing to the following parties and
counsel of record who are registered with the Court’s CM/ECF System:

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(Federal)

I declare that I am employed in the office of a member of the
State Bar of this Court at whose direction the service was made. I
declare under penalty of perjury under the laws of the United
States of America that the above is true and correct.

(Federal)

I declare that I am a member of the State Bar of this Court at
whose direction the service was made. I declare under penalty of
perjury under the laws of the United States of America that the
above is true and correct.

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Executed on May 4, 2015, at Costa Mesa, California.

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Erin Montgomery
Type or Print Name

/s/ Erin Montgomery
Signature

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Case No. CV14-01162 RSWL(PJWx)
[PROPOSED] JUDGMENT FOLLOWING JURY TRIAL

SERVICE LIST

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Lawrence W. Freiman, Esq.
Michael J. Freiman, Esq.
Freiman Law
100 Wilshire Blvd., Ste. 940
Santa Monica, CA 90401
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

ATTORNEY FOR PLAINTIFF,
JEFFREY GUNCHICK

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21070638.1

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Case No. CV14-01162 RSWL(PJWx)
[PROPOSED] JUDGMENT FOLLOWING JURY TRIAL