Stienmier v. Schofield et al

Filing 40

ORDER granting 39 MOTION to Amend/Correct/Modify Scheduling Order by Plaintiff by Magistrate Judge Kathleen M. Tafoya on 1/12/2010.(kmtcd, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01260-KMT-BNB RICHARD STIENMIER, Plaintiff, vs. DEPARTMENT OF THE AIR FORCE, Defendant. _____________________________________________________________________ ORDER _____________________________________________________________________ Pursuant to Motion to Amend Scheduling Order (Document # 39) and Order from the Bench during the Scheduling Conference on December 14, 2009 (Courtroom Minutes, document #29), it is hereby ORDERED that the Motion to Amend Scheduling Order (Document # 39) is GRANTED, and the following information supplements the Scheduling Order (document #30) by adding to § C. Damages: C. Date 1 Feb 08 Damages Description Last pay day ­ total of missing pay as of that date Pay calculation: $1,046.46 bi-weekly x 26 paydays = annual pay of $27,467.96 $27,467.96 / 365 = $75.25 daily pay Amount $5,432.30

1

17 Sep 09

Date of Ms. Stienmier's death Days from last payday to date of death = 594 Pay due: 594 x $75.25 = $35,743.75 $44,689.50

Total Principal Wages owed to Ms. Stienmier (which does not include any benefits paid on Principal Wages)

$50,130.80

In addition, Ms. Stienmier suffered damages arising out of and related to emotional distress. Plaintiff is in the process of seeking expert opinion to assist in valuing these damages. Finally, Plaintiff has incurred attorney fees which damages will be sought at trial. Dated this12th day of January, 2010. BY THE COURT:

Kathleen M. Tafoya United States Magistrate Judge

2