MCKENNA v. CITY OF PHILADELPHIA, et al

Filing 247

MEMORANDUM AND/OPINION ORDER THAT THE PLAINTIFFS' REQUEST FOR DELAY DAMAGES IS DENIED. THE PLAINTIFFS' REQUEST FOR POST-JUDGMENT INTEREST IS DENIED TO THE EXTENT., ETC. THE PLAINTIFFS' REQUEST FOR PRE-JUDGMENT INTEREST IS DENIED IN PART AND GRANTED IN PART. ETC.,. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 7/24/2009. 7/27/2009 ENTERED AND COPIES MAILED, E-MAILED.(tomg, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MICHAEL McKENNA, WILLIAM McKENNA, and RAYMOND CARNATION v. CITY OF PHILADELPHIA : : : : : : : ORDER AND NOW, this 24th day of July, 2009, upon consideration of those portions of the plaintiffs' Petitions for Attorneys' Fees (Docket No. 228 in Case No. 98-5835, Docket No. 243
in Case No. 99-1163, and Docket No. 246 in Case No. 99-1163), which

CIVIL ACTION

NOS. 98-5835, 99-1163

seek the award of pre-judgment interest, post-judgment interest, and delay damages, and upon consideration of the defendant's response thereto (Docket No. 245 in Case No. 98-5835, Docket No. 265 in Case No. 99-1163), IT IS HEREBY ORDERED, for the reasons set forth in a Memorandum of today's date, that those portions of the Petitions are GRANTED IN PART and DENIED IN PART, as follows: 1. DENIED. 2. The plaintiffs' request for post-judgment interest The plaintiffs' request for delay damages is

is DENIED to the extent that the plaintiffs are requesting such interest for the period from the May 14, 2008, jury verdict in this case to the present and DENIED WITHOUT PREJUDICE as premature to the extent that the plaintiffs are requesting such

interest for the future period between the entry of judgment and the satisfaction of that judgment. 3. The plaintiffs' request for pre-judgment interest The plaintiffs' request

is DENIED IN PART and GRANTED IN PART.

is DENIED to the extent that the plaintiffs seek pre-judgment interest on their award of non-pecuniary compensatory damages, as awarded by jury verdict and modified by Title VII's statutory cap. The plaintiffs' request is GRANTED to the extent that the

plaintiffs seek pre-judgment interest on the award of back pay to Raymond Carnation. Plaintiff Raymond Carnation will be awarded

pre-judgment interest on his award of back pay in the amount of $46,560.

BY THE COURT:

/s/ Mary A. McLaughlin MARY A. McLAUGHLIN, J.

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