Equal Employment Opportunity Commission v. RadioShack Corporation
Filing
110
FINAL JUDGMENT re: 108 Evidentiary Hearing, by Clerk on 3/1/13. (sgrim)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Case No. 10-cv-02365-LTB-BNB
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
RADIOSHACK CORPORATION,
Defendant.
_____________________________________________________________________
FINAL JUDGMENT
_____________________________________________________________________
PURSUANT to and in accordance with Fed. R. Civ. P. 58(a) and the Orders and
Jury Verdict entered during the course of proceedings in this case, the following FINAL
JUDGMENT is hereby entered.
I. This matter was tried on September 10, 2012 through September 14, 2012,
and September 17, 2012 through September 18, 2012, before a duly sworn jury of nine,
Judge Lewis T. Babcock presiding. The trial proceeded to conclusion and the jury
rendered its Verdict Form as follows:
AGE DISCRIMINATION
1.
Did Defendant RadioShack terminate David Nelson because of his age?
yes
X
no
If you answered "yes" to Question 1 ' answer Question 2.
If you answered "no" to Question 1 ' skip to Question 3.
2.
Did Defendant RadioShack willfully violate the Age Discrimination in
Employment Act by terminating David Nelson?
yes
no
RETALIATION
3.
Did Defendant RadioShack retaliate against David Nelson because he
complained of age discrimination?
yes
X
no
If you answered "yes" to Question 3 ' answer Question 4.
If you answered "no" to Question 3 ' skip to Question 5.
4.
Did Defendant RadioShack willfully violate the Age Discrimination in
Employment Act by retaliating against David Nelson?
X
yes
no
DAMAGES
If you answered "yes" to Question 1 and/or Question 3 ' answer Questions 5 and
6.
If you answered "no" to Question 1 and 3 ' you have completed your verdict
5.
Did David Nelson fail to make reasonable efforts to mitigate his damages?
X
yes
no
6.
What amount of money will compensate David Nelson for lost wages and
benefits caused by RadioShack's discrimination and/or retaliation? If you
answered "yes" to Question 5, you should adjust this amount by deducting the
income you believe Mr. Nelson would have made had he properly mitigated his
damages.
$
187,706 + “life time” discount card
II. PURSUANT to and in accordance with the Order entered by the Honorable
Lewis T. Babcock on December 6, 2012, incorporated herein by reference, it is
ORDERED that EEOC’s Motion for Equitable Relief is GRANTED in part and
DENIED in part.
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III. PURSUANT to and in accordance with the Order entered by the Honorable
Lewis T. Babcock during the evidentiary hearing on February 27, 2013, incorporated
herein by reference, it is
ORDERED that Mr. Nelson is entitled to the following award:
Back pay :
Liquidated Damages:
Tax Offset for Back pay:
Front Pay:
Tax Offset for Front Pay:
Total Award:
$187,706.00
$187,706.00
$47,946.00
$199,281.00
$53,711.00
$674,938.00
ACCORDINGLY, IT IS ORDERED that, pursuant to Fed. R. Civ. P. 58(a), final
judgment is hereby entered in favor of Plaintiff, Equal Employment Opportunity
Commission, and against Defendant, RadioShack Corporation, on the total award of
$674,938.00. It is
FURTHER ORDERED that post-judgment interest shall accrue at the legal rate
of 0.18%, as calculated pursuant to 28 U.S.C. § 1961, from the date of the jury’s verdict.
It is
FURTHER ORDERED that Plaintiff, Equal Employment Opportunity Commission
shall have its costs by the filing of a Bill of Costs with the Clerk of this Court within
fourteen days of the entry of judgment, pursuant to Fed. R. Civ. P. 58(a) and
D.C.COLO.LCivR 54.1.
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DATED at Denver, Colorado this
1st
day of March, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/ Edward P. Butler
Edward P. Butler,
Deputy Clerk
APPROVED:
s/Lewis T. Babcock
Lewis T. Babcock
Senior United States District Judge
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