Poff v. Prime Care Medical, Inc.
Filing
44
ORDER (memorandum filed previously as separate docket entry). Signed by Magistrate Judge Susan E. Schwab on 10/1/2015. (ktt)
UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOYELLE D. POFF,
Plaintiff
v.
PRIME CARE MEDICAL, INC.,
Defendant
: 1:13-CV-03066
:
: (Magistrate Judge Schwab)
:
:
:
:
:
:
ORDER
October 1, 2015
In accordance with the Memorandum filed this date, IT IS ORDERED
THAT:
1. Judgment is entered for Plaintiff Joyelle D. Poff (“Poff”) and against
Defendant Prime Care Medical, Inc. (“Poff”) in accordance with the
Court’s finding that Prime Care interfered with Poff’s rights under the
FMLA by terminating her employment on August 8, 2013, after she
requested medical leave for a serious health condition.
2. Poff is entitled to back pay in the amount of $45,313 plus compensation
for the $4,059.71 in medical expenses she incurred, less applicable copayments, plus interest.
3. Poff is entitled to liquidated damages equal to the amount of the back pay
award of $45,313 plus compensation for the $4,059.71 in medical
expenses she incurred, less applicable co-payments, plus interest.
4. Within thirty days of the date of this Memorandum and Order the parties
shall supplement the record to provide the Court with the amount equal to
the medical expenses Poff incurred less the applicable co-payments. The
parties shall further provide the court with the prevailing interest rate
they agree to utilize in order to calculate the interest on the back pay,
compensation for medical expenses and the liquidated damages awards.
5. In accordance with 29 U.S.C. § 2617 (a)(3), allowing for the plaintiff’s
recovery of reasonable attorneys' fees and costs, Poff shall file a motion
for attorney's fees and costs, together with a supporting brief, billing
records, and records of costs, on or before Friday, October 30, 2015.
Further briefing on the motion shall be filed in accordance with the
schedule prescribed by the Local Rules 7.6, 7.7, and 7.8.
S/Susan E. Schwab
Susan E. Schwab
United States Magistrate Judge
2
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