Katrina Perona v. Time Warner Cable Inc. et al

Filing 95

JUDGMENT AFTER TRIAL by Judge Michael W. Fitzgerald. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that final judgment in this action be entered as follows: (1) On the claim for disability discrimination: Judgment is entered in favor of Defendant Time W arner Cable, Inc., and Plaintiff Katrina Perona shall take nothing on this claim by her Complaint. (2) On the claim for failure to reasonably accommodate: Judgment is entered in favor of Defendant Time Warner Cable, Inc., and Plaintiff Katrina Perona shall take nothing on this claim by her Complaint. (3) On the claim for failure to engage in the interactive process: Judgment is entered in favor of Plaintiff Katrina Perona and against Defendant Time Warner Cable, Inc., as follows: $160,000. (4) On the claim for retaliation: Plaintiff Katrina Perona dismissed this claim during trial. Judgment is entered in favor of Defendant Time Warner Cable, Inc., and Plaintiff Katrina Perona shall take nothing on these claims by her Complaint. (5) On the claim for wrongful termination in violation of public policy: Judgment is entered in favor of Defendant Time Warner Cable, Inc., and Plaintiff Katrina Perona shall take nothing on this claim by her Complaint. 6. On the claim for unfair competitio n: Judgment is entered in favor of Defendant Time Warner Cable, Inc., and Plaintiff Katrina Perona shall take nothing on this claim by her Complaint. (6) Plaintiff Katrina Perona is further awarded her costs as provided by law. (MD JS-6, Case Terminated). (jp)

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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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This action came on regularly for trial between August 30, 2016, and

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September 8, 2016, in Courtroom 1600 of this United States District Court.

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Plaintiff was Katrina Perona. Plaintiff was represented by Frank A. Magnanimo,

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Esq., and Audrey L. Priolo, Esq., of Magnanimo & Dean, LLP. Defendant Time

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Warner Cable, Inc. was represented by James A. Bowles, Esq., and Casey L.

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Morris, Esq., of Hill, Farrer & Burrill LLP.

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KATRINA PERONA, an individual

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Plaintiff,

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vs.
TIME WARNER CABLE, INC., a
corporation,

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Defendants.

CASE NO.: 5:14-cv-02501-MWF(SPx)
The Honorable Michael W. Fitzgerald,
United States District Judge
JUDGMENT AFTER TRIAL

A jury of eight persons was regularly empaneled and sworn. Witnesses were
sworn and testified. After hearing the evidence and arguments of counsel, the jury

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JUDGMENT AFTER TRIAL

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was duly instructed by the Court and the cause was submitted to the jury. The jury

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deliberated and thereafter returned a special verdict as follows:

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Disability Discrimination Claim

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1. Did Time Warner Cable know that Katrina Perona had a physical condition
that limited her ability to work?
YES _X_ NO ____
If you answered “yes,” proceed to Question No. 2. If you
answered “no,” proceed to Question No. 9.
2. Was Katrina Perona able to perform the essential job duties with reasonable
accommodation for her physical condition?
YES _X_ NO ____
If you answered “yes,” proceed to Question No. 3. If you answered
“no,” proceed to Question No. 9.
3. Did Time Warner Cable discharge Katrina Perona?
YES _X_ NO ____
If you answered “yes,” proceed to Question No. 4. If you answered
“no,” proceed to Question No. 9.

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4. Was Katrina Perona’s physical condition a substantial motivating reason for
Time Warner Cable’s discharge of Katrina Perona?
YES ____ NO _X_
If you answered “yes,” proceed to Question No. 5. If you answered
“no,” proceed to Question No. 9.

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5. Was Katrina Perona harmed?
YES ____ NO ____
If you answered “yes,” proceed to Question No. 6. If you answered
“no,” proceed to Question No. 9.
6. Was Time Warner Cable’s conduct a substantial factor in causing Katrina
Perona’s harm?
YES ____ NO ____
If you answered “yes,” proceed to Question No. 7. If you answered
“no,” proceed to Question No. 9.
7. Has Time Warner Cable proven that it would have discharged Katrina
Perona for a non-discriminatory reason, standing alone, regardless of the
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JUDGMENT AFTER TRIAL

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fact that she had a disability?
YES ____ NO ____
Proceed to the next Question.

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8. Has Time Warner Cable proven that providing Katrina Perona with a
reasonable accommodation would have created an undue hardship to the
operations of Time Warner Cable?
YES ____ NO ____
Proceed to the next Question.

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Failure to Reasonably Accommodate Claim
9. Did Katrina Perona have a physical condition?
YES _X_ NO ____
If you answered “yes,” proceed to Question No. 10. If you
answered “no,” proceed to Question No. 16.
10. Did Time Warner Cable know that Katrina Perona had a physical condition?
YES _X_ NO ____
If you answered “yes,” proceed to Question No. 11. If you
answered “no,” proceed to Question No. 16.

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11. Was Katrina Perona able to perform the essential job duties with reasonable
accommodation for her physical condition?
YES _X_ NO ____
If you answered “yes,” proceed to Question No. 12. If you answered
“no,” proceed to Question No. 16.

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12. Did Time Warner Cable fail to provide reasonable accommodation for
Katrina Perona’s physical condition?
YES ____ NO _X_
If you answered “yes,” proceed to Question No. 13. If you answered
“no,” proceed to Question No. 16.
13. Was Katrina Perona harmed?
YES ____ NO ____
If you answered “yes,” proceed to Question No. 14. If you answered
“no,” proceed to Question No. 16.
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JUDGMENT AFTER TRIAL

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14. Was Time Warner Cable’s failure to provide reasonable accommodation a
substantial factor in causing Katrina Perona’s harm?
YES ____ NO ____
If you answered “yes,” proceed to Question No. 15. If you answered
“no,” proceed to Question No. 16.
15. Has Time Warner Cable proven that providing Katrina Perona with a
reasonable accommodation would have created an undue hardship to the
operations of Time Warner Cable?
YES ____ NO ____
Proceed to the next Question.
Failure to Engage in the Interactive Process Claim
16. Did Katrina Perona have a physical condition that was known to Time
Warner Cable?
YES _X_ NO ____
If you answered “yes,” proceed to Question No. 17. If you
answered “no,” proceed to Question No. 23.
17. Did Katrina Perona request that Time Warner Cable make reasonable
accommodation for her physical condition so that she would be able to
perform the essential job duties?
YES _X_ NO ____
If you answered “yes,” proceed to Question No. 18. If you
answered “no,” proceed to Question No. 23.
18. Was Katrina Perona willing to participate in an interactive process to
determine whether reasonable accommodation could be made so that she
would be able to perform the essential job duties?
YES _X_ NO ____
If you answered “yes,” proceed to Question No. 19. If you answered
“no,” proceed to Question No. 23.
19. Did Time Warner Cable fail to participate in a timely good-faith interactive
process with Katrina Perona to determine whether reasonable
accommodation could be made?
YES _X_ NO ____
If you answered “yes,” proceed to Question No. 20. If you answered
“no,” proceed to Question No. 23.

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JUDGMENT AFTER TRIAL

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20. Was a reasonable accommodation or reasonable accommodations available
at the time that would have allowed Katrina Perona to perform the essential
job duties?
YES _X_ NO ____
If you answered “yes,” proceed to Question No. 21. If you answered
“no,” proceed to Question No. 23.

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21. Was Katrina Perona harmed?
YES _X_ NO ____
If you answered “yes,” proceed to Question No. 22. If you answered
“no,” proceed to Question No. 23.

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22. Was Time Warner Cable’s failure to engage in a good-faith interactive
process a substantial factor in causing Katrina Perona’s harm?
YES _X_ NO ____
Proceed to the next Question.

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23. If you answered “no” to either Question No. 8 or Question No. 15 or
answered “yes” to Question No. 22, proceed to Question No. 24. Otherwise,
answer no further questions and have the foreperson sign and date this form.

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24. Please state what reasonable accommodation or reasonable accommodations
Time Warner Cable could have provided to Katrina Perona:

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1. Change work schedule: part time shift

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2. Reassignment to vacant position

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Proceed to the next Question.

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Damages

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25. What are Katrina Perona’s total damages, taking into consideration her duty
to reasonably mitigate her damages?

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Past and present economic damages: $80,000
Future economic damages: $0
Past and present non-economic damages: $80,000
Future non-economic damages: $0
TOTAL: $160,000

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//
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JUDGMENT AFTER TRIAL

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Now, therefore, pursuant to Rules 54 and 58 of the Federal Rules of Civil

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Procedure, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that

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final judgment in this action be entered as follows:

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On the claim for disability discrimination: Judgment is entered in favor

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of Defendant Time Warner Cable, Inc., and Plaintiff Katrina Perona

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shall take nothing on this claim by her Complaint.

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2.

On the claim for failure to reasonably accommodate: Judgment is

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entered in favor of Defendant Time Warner Cable, Inc., and Plaintiff

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Katrina Perona shall take nothing on this claim by her Complaint.

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3.

On the claim for failure to engage in the interactive process: Judgment

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is entered in favor of Plaintiff Katrina Perona and against Defendant

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Time Warner Cable, Inc., as follows: $160,000.

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4.

On the claim for retaliation: Plaintiff Katrina Perona dismissed this

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claim during trial. Judgment is entered in favor of Defendant Time

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Warner Cable, Inc., and Plaintiff Katrina Perona shall take nothing on

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these claims by her Complaint.

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5.

On the claim for wrongful termination in violation of public policy:

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Judgment is entered in favor of Defendant Time Warner Cable, Inc.,

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and Plaintiff Katrina Perona shall take nothing on this claim by her

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Complaint.

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6.

On the claim for unfair competition: Judgment is entered in favor of

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Defendant Time Warner Cable, Inc., and Plaintiff Katrina Perona shall

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take nothing on this claim by her Complaint.

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Plaintiff Katrina Perona is further awarded her costs as provided by law.
Dated: September 21, 2016.
_______________________________
MICHAEL W. FITZGERALD
United States District Judge

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JUDGMENT AFTER TRIAL