MUNDELL v. ACADIA HOSPITAL CORP et al

Filing 49

AMENDED ORDER ON DAMAGES granting 48 Motion for Reconsideration re 47 Order on Motion for Order filed by EASTERN MAINE HEALTHCARE SYSTEMS, ACADIA HOSPITAL CORP By JUDGE LANCE E. WALKER. (CJD)

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UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
CLARE E. MUNDELL,
Plaintiff,
v.
ACADIA HOSPITAL CORP. and
EASTERN MAINE HEALTHCARE
SYSTEMS,
Defendants.

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No. 1:21-cv-00004-LEW

AMENDED ORDER ON DAMAGES
On February 8, 2022, I granted summary judgment to Plaintiff on her claim of
gender-based pay discrimination in violation of the Maine Equal Pay Law, 26 M.R.S. §
628. In my order, I held that Plaintiff was entitled to “unpaid wages” for the time that she
was unlawfully underpaid by Defendant Acadia Hospital Corp. (“Acadia”), plus “a
reasonable rate of interest, costs of suit including a reasonable attorney’s fee, and an
additional amount equal to twice the amount of unpaid wages as liquidated damages.” 26
M.R.S. § 626-A. However, I withheld a final determination of damages because neither
party had provided facts to establish the amount of unpaid wages owing to Plaintiff.
Plaintiff now requests damages in the amount of $180,955.90. See Pl’s Mot. (ECF
No. 42). The parties have jointly stipulated that Plaintiff “worked a total of 1,447.9 hours
for Acadia” while being underpaid at a rate of approximately $40 per hour. See Stipulation
on Remedies 2 (ECF No. 41). This amounts to $57,916 in unpaid wages, and $115,832 in

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liquidated damages. I also find that Plaintiff’s requested interest of $7,207.90 is
“reasonable” as called for by the Maine Equal Pay Law. Acadia does not object to
Plaintiff’s requested award, and instead reasserts the legal arguments that I rejected in my
Order granting Plaintiff's Motion for Summary Judgment. 1 See Def.’s Opp’n (ECF No.
43).
Accordingly, Plaintiff’s Motion for Order on Damages (ECF No. 42) is GRANTED,
and Acadia is ordered to pay damages to Plaintiff in the amount of $180,955.90.
SO ORDERED.
Dated this 10th day of May, 2022.
/s/ Lance E. Walker
UNITED STATES DISTRICT JUDGE

While not convinced that an appeals court would deem Acadia to have abandoned its merits arguments based on the
language in my prior damages order, I issue this corrected order to assuage Acadia’s anxiety and make clear that
Acadia has preserved all of the legal arguments advanced in opposition to Plaintiff’s Motion for Summary Judgment.

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