Scavetta v. King Soopers, Inc. et al

Filing 119

JUDGMENT by Clerk, approved by the Court, in favor of Dillon Companies, Inc., King Soopers, Inc. against Plaintiff Karen Scavetta. Costs awarded.Entered by Clerk on June 22, 2013. (ebutl)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge William J. Martínez Civil Action No. 10-cv-02986-WJM-KLM KAREN SCAVETTA, Plaintiff, v. DILLON COMPANIES, INC., d/b/a KING SOOPERS, INC., Defendant. FINAL JUDGMENT In accordance with the orders filed during the pendency of this case, and pursuant to Fed. R. Civ. P. 58(a), the following Final Judgment is hereby entered. This matter was tried from June 17, 2013 through June 20, 2013 before a jury of eight duly sworn to try the issues herein, the Honorable William J. Martínez, presiding. On the third day of trial Plaintiff withdrew Claim V - Wrongful Termination in Violation of Public Policy. On the fourth day of trial Plaintiff voluntarily dismissed Claim II - Disparate Treatment And Unlawful Termination. The jury reached a Verdict: VERDICT FORM Question 1: Failure to Provide Reasonable Accommodations under the ADA Has the plaintiff, Karen Scavetta, proven by a preponderance of the evidence that the defendant failed to reasonably accommodate her under the ADA? Yes ___________ No ____X______ Question 3: Retaliation Has the plaintiff, Karen Scavetta, proven by a preponderance of the evidence that the defendant retaliated against her for engaging in protected activity? Yes ___________ No ____X______ Question 5: Punitive Damages If you answered “Yes” to either Question 1 or Question 3 above, should Plaintiff Karen Scavetta be awarded punitive damages as a result of King Soopers’ malice or reckless indifference to her federally protected rights? Yes ___________ No _____X_____ ACCORDINGLY, IT IS HEREBY ORDERED that Final Judgment is entered for Defendant and against Plaintiff. IT IS FURTHER ORDERED that Defendant is awarded costs upon the filing of a Bill of Costs with the Clerk of Court within fourteen days’ entry of Final Judgment. Dated at Denver, Colorado this APPROVED: 22nd day of June 2013. FOR THE COURT: JEFFREY P. COLWELL, CLERK Judge William J. Martínez United States District Court By: s/ Edward P. Butler Edward P. Butler, Deputy Clerk

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