Doug Martin v. Arrow Electronics Inc et al

Filing 243

SECOND AMENDED JUDGMENT by Judge James V. Selna, in favor of Doug Martin against Arrow Electronics Inc. Interest from November 11 through December 14, 2009, at the rate of 5.04% per annum, for a total of $7,894.26, thereby elevating the tot al judgment to $1,740,376.66, effective through December 14, 2009. Judgment is hereby accordingly entered in favor of plaintiff Doug Martin against defendant Arrow Electronics, Inc. in the total sum of $1,740,376.66. The bonding surety, Fi rst Deposit & Fidelity Co. of Maryland, is obligated, jointly and severally with Arrow, to pay this judgment pursuant to Court Order dated November 10, 2009. This judgment shall continue to accrue interest pursuant to 28 USC Section 1961(a) at 5.04% per annum, in the sum of $239.22 per day, accruing from December 15, 2009, until paid in full. (rla)

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Anthony Lanza, Bar No. 156703 Brodie Smith, Bar No. 221877 LANZA & GOOLSBY A Professional Law Corporation 3 Park Plaza, Suite 1650 Irvine, California 92614-8540 Telephone [phone] Facsimile [phone] Attorneys for Plaintiff Doug Martin UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION ­ SANTA ANA DOUG MARTIN, an individual; Plaintiff, vs. ARROW ELECTRONICS, INC., a corporation; Defendant. ) Case No. SACV04-1134 JVS ) ) SECOND AMENDED JUDGMENT ) IN FAVOR OF PLAINTIFF ) ) ) Hon. James V. Selna ) ) Trial: May 30, 2006 ) ) ) )

From May 30, 2006, through June 9, 2006, the Honorable James V. Selna presided over the jury trial of the counts asserted in this action by plaintiff Doug Martin against defendant Arrow Electronics, Inc., resulting in a special verdict, signed on June 12, 2006, in favor of Doug Martin. The special verdict retuned by the jury awarded monetary damages in favor of Doug Martin against Arrow Electronics in the total sum of $1,519,579.

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Judgment was initially entered on June 29, 2006, in the sum of $1,519,579. The Court then granted in part and denied in part Arrow's motion for judgment as a matter of law under FRCP 50(b), or in the alternative, for a new trial under FRCP 59, resulting in an amended judgment, dated September 14, 2006, in the sum of $973,385, based on the following breakdown of damages: a. Past economic loss: Lost earnings: Medical expenses: b. Future economic loss: Lost earnings: Medical expenses: c. d. e. none (stricken by the Court) $24,000 $607,385 $41,000

Past non-economic loss: (such as physical pain): $300,000 Future non-economic loss: (such as physical pain): $0 Punitive damages: $1,000

Plaintiff's initial motion for attorney fees was thereafter argued and granted, in the sum of $473,554 for attorney fees and $22,452 for costs, which elevated the total judgment to $1,469,391. Arrow filed an appeal on October 5, 2006, which was denied on May 29, 2009, pursuant to appellate memorandum of decision, which confirmed the judgment in its entirety. After the appellate decision became final, in 2009, Martin filed a motion to enforce bond and a motion for supplemental award of attorney fees. Both motions were granted on November 10, 2009. The Court added supplemental attorney fees in the sum of $5,282, plus supplemental costs in the sum of $1,973.12, plus interest, at the annual rate of 5.04%, thereby elevating the total judgment to $1,732,482.40, effective through November 10, 2009.
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Interest continued to accrue on the judgment from November 11 through December 14, 2009, at the rate of 5.04% per annum, for a total of $7,894.26, thereby elevating the total judgment to $1,740,376.66, effective through December 14, 2009. Judgment is hereby accordingly entered in favor of plaintiff Doug Martin against defendant Arrow Electronics, Inc. in the total sum of $1,740,376.66. The bonding surety, First Deposit & Fidelity Co. of Maryland, is obligated, jointly and severally with Arrow, to pay this judgment pursuant to Court Order dated November 10, 2009. This judgment shall continue to accrue interest pursuant to 28 USC Section 1961(a) at 5.04% per annum, in the sum of $239.22 per day, accruing from December 15, 2009, until paid in full.

Dated: December 15, 2009

_______________________________ Judge James V. Selna

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