Filed: Oct. 09, 2019
Latest Update: Oct. 09, 2019
Summary: ORDER FREDERICK J. SCULLIN, JR. , Senior District Judge . On October 4, 2019, the Court entered an Order in which, among other things, it directed the Clerk of the Court to enter judgment in favor of Plaintiff against Defendant OCFS in the amount of $2,091,966.04. See Dkt. No. 126. On October 7, 2019, Plaintiff's counsel filed a letter, in which he correctly noted that, although the Court had referred to the fact that the lost pension income that was presently due and owing through Decem
Summary: ORDER FREDERICK J. SCULLIN, JR. , Senior District Judge . On October 4, 2019, the Court entered an Order in which, among other things, it directed the Clerk of the Court to enter judgment in favor of Plaintiff against Defendant OCFS in the amount of $2,091,966.04. See Dkt. No. 126. On October 7, 2019, Plaintiff's counsel filed a letter, in which he correctly noted that, although the Court had referred to the fact that the lost pension income that was presently due and owing through Decemb..
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ORDER
FREDERICK J. SCULLIN, JR., Senior District Judge.
On October 4, 2019, the Court entered an Order in which, among other things, it directed the Clerk of the Court to enter judgment in favor of Plaintiff against Defendant OCFS in the amount of $2,091,966.04. See Dkt. No. 126.
On October 7, 2019, Plaintiff's counsel filed a letter, in which he correctly noted that, although the Court had referred to the fact that the lost pension income that was presently due and owing through December 31, 2017, was $31,149.72, the Court had failed to include that figure in its final calculation of the judgment. See Dkt. No. 128 at 2. On October 8, 2019, Defendant OCFS's counsel filed a letter requesting that the Court defer any action on Plaintiff's request pending full briefing. See Dkt. No. 129.
Having reviewed its October 4, 2019 Order, as well as the parties' submissions with regard to that Order, the Court finds that it did, indeed, fail to include the amount of lost pension income that was presently due and owing through December 31, 2017, in its calculation of the judgment. Moreover, the Court finds that there is no need for any further briefing on this issue.
Accordingly, the Court hereby
ORDERS that Defendant OCFS's letter motion, filed on October 8, 2019, see Dkt. No. 129, is DENIED; and Court further
ORDERS that Plaintiff's letter motion, filed on October 7, 2019, see Dkt. No. 128, is GRANTED; and the Court further
ORDERS that the Judgment entered on October 4, 2019, see Dkt. No. 127, is VACATED; and the Court further
ORDERS that the Clerk of the Court shall enter judgment in favor of Plaintiff against Defendant OCFS in the amount of $2,123,115.76, calculated as follows:
Compensatory Damages $1,500,000.00
Back Pay Award $ 183,313.68
Lost Pension income presently $ 31,149.72
due and owing through
December 31, 2017
Lost pension income presently $ 30,168.60
due and owing (Jan.
1, 2018 through Oct.
31, 2019)
Attorney's fees $ 350,573.00
Costs and expenses $ 27,910.76
_____________
TOTAL $2,123,115.76
plus pre-judgment interest calculated pursuant to 28 U.S.C. § 1961(a) until the date judgment is entered and post-judgment interest calculated pursuant to 28 U.S.C. § 1961(a) from the date judgment is entered until Defendant OCFS satisfies the judgment; and the Court further
ORDERS that the first "ORDERS" paragraph of the Court's Order dated October 4, 2019, see Dkt. No. 126, is AMENDED to reflect the calculation of the judgment as set forth above, and in all other respects remains the same.
IT IS SO ORDERED.
