Jadwin v. County of Kern, et al., No. 1:2007cv00026 - Document 411 (E.D. Cal. 2010)
Court Description: FINAL JUDGMENT dated *5/4/10* in favor of Plaintiff David F. Jadwin, D.O. against Defendant Kern County, signed by Judge Oliver W. Wanger on 4/30/10: Final Judgment entered in favor of Plaintiff and against Kern County in the amount of $505,457.00, plus $1 in nominal damages on Plaintiff's due process claim, and any costs as permitted by law.(Hellings, J)
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Jadwin v. County of Kern, et al. Doc. 411 1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 DAVID F. JADWIN, D.O., 8 9 10 11 Plaintiff, v. COUNTY OF KERN, Defendant. 12 ) ) ) ) ) ) ) ) ) ) ) 1:07-cv-0026 OWW DLB FINAL JUDGMENT 13 14 The trial of this case came on for hearing May 14, 2009. 15 The jury returned its verdict, as reflected by the verdicts 16 entered June 8, 2009, incorporated by this reference, in favor of 17 Plaintiff, David F. Jadwin, D.O., and against Kern County on 18 Plaintiff’s claims under the FMLA, the CFRA, and the FEHA. 19 jury awarded damages as follows: 20 Mental and emotional distress and suffering The $0.00 21 22 23 24 25 26 27 28 Reasonable value of necessary medical care, treatment, and services received to the present time Reasonable value of necessary medical care, treatment and services which with reasonable probability will be required in the future Reasonable value of earnings and professional fees lost to the present time $30,192.00 $0.00 $321,285.00 1 Dockets.Justia.com 1 Reasonable value of earnings and professional fees which with reasonable probability will be lost in the future 2 $154,080.00 3 TOTAL DAMAGES $505,457.00 4 5 By stipulation, certain of Plaintiff’s claims were not 6 submitted to the jury for determination. Instead, as to these 7 claims, the parties agreed that they would be tried by the court 8 sitting without a jury. 9 sitting without a jury included Plaintiff’s claims for The claims to be decided by the court 10 interference with his rights under the FMLA/CFRA (as to which 11 Plaintiff sought injunctive relief) and a deprivation of his 12 procedural due process rights under the Fourteenth Amendment 13 (made actionable via 42 U.S.C. § 1983). 14 Findings of Fact and Conclusions of Law were issued on these 15 claims. 16 On August 4, 2009, As to the FMLA/CFRA claim, it was determined that Plaintiff 17 lacked standing to assert his claim or, assuming standing existed 18 at the time of the operative pleading, the claim had become moot. 19 As to the procedural due process claim, it was determined that 20 Plaintiff’s due process rights were violated. 21 awarded nominal damages. 22 Plaintiff was Accordingly, FINAL JUDGMENT is entered in favor of Plaintiff 23 and against Kern County in the amount of $505,457, plus $1 in 24 nominal damages on Plaintiff’s due process claim, and any costs 25 as permitted by law. 26 IT IS SO ORDERED. 27 Dated: April 30, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 28 2
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