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97-2260 - Sellers v. Mineta, et al


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97-2260 - Sellers v. Mineta, et al
January 31, 2007
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MEMORANDUM OPINION -......IT IS HEREBY ORDERED that defendant Secretary's request that plaintiff be considered barred from reinstatement solely on account of her post-termination conduct, and thereby precluded from an award of front pay, is DENIED. . Signed by Judge Frederick R Buckles on 1/31/2007. (MRC, )
January 31, 2007
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MEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that not later than March 2, 2007 defendant Secretary of Transportation shall submit to the Court a brief addressing whether the preferred equitable remedy of reinstatement is impracticable in the current circumstances of this cause. IT IS FURTHER ORDERED that plaintiff Wendi Ferguson Sellers shall file her brief in response to defendant's opening brief not later than March 19, 2007. IT IS FURTHER ORDERED that any reply brief shall be filed by defendant not later than March 26, 2007.IT IS FURTHER ORDERED that in the event defendant is willing to offer to plaintiff the preferred remedy of reinstatement as a means of resolving this issue in this case, defendant Secretary shall so inform the Court not later than March 19, 2007. NO REQUESTS FOR EXTENSION OF TIME TO MEET ANY DEADLINE SET OUT ABOVE WILL BE ENTERTAINED OR GRANTED BY THE COURT.. Signed by Judge Frederick R Buckles on 1/31/2007. (MRC, )
November 28, 2007
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MEMORANDUM AND ORDER -....IT IS HEREBY ORDERED that plaintiff Wendi Ferguson Sellers shall be awarded front pay in the amount of Four Hundred Eighty-Nine Thousand, Five Hundred Forty and 00/100 Dollars ($489,540.00) which is comprised of Four Hundred Forty-Five Thousand, Three Hundred Three and 00/100 Dollars ($445,303.00) in losses from verdict to date; and Forty-Four Thousand, Two Hundred Thirty-Seven and 00/100 Dollars ($44,237.00) in future losses. An appropriate Amended Judgment shall accompany this Memorandum and Order.. Signed by Mag Judge Frederick R Buckles on 11/28/2007. (Attachments: # (1) Appendix)(MRC)
November 28, 2007
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AMENDED JUDGMENT -.....IT IS HEREBY ORDERED that the Amended Judgment entered December 13, 2001 is VACATED to the extent such Amended Judgment awards plaintiff Wendi Ferguson Sellers equitable relief in the form of front pay assessed against defendant Secretary of Transportation in the amount of Six Hundred Thirty-Eight Thousand, Two Hundred Ninety-Three and 99/100 Dollars ($638,293.99). IT IS FURTHER ORDERED AND ADJUDGED that judgment be and is entered in favor of plaintiff Wendi Ferguson Sellers and against defendant Mary E. Peters, Secretary of Transportation, United States Department of Transportation, on plaintiff's claim of retaliation with equitable relief in the form of front pay assessed against defendant Mary E. Peters, Secretary of Transportation, United States Department of Transportation, in the amount of Four Hundred Eighty-Nine Thousand, Five Hundred Forty and 00/100 Dollars ($489,540.00). In all other respects, the Amended Judgment entered December 13, 2001, against defendant Secretary of Transportation, United States Department of Transportation, remains in full force and effect.. Signed by Mag Judge Frederick R Buckles on 11/28/2007. (MRC) Modified on 11/28/2007 (MRC).
April 14, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff Wendi Ferguson Sellers Motion for Reconsideration of the Courts Order and Amended Judgment of November 28, 2007 (Docket No. 266) is DENIED to the extent plaintiff requests that the Court reconsider its front pay award so that credit for pay increases may be added and that she be awarded credit for seniority. IT IS FURTHER ORDERED that plaintiffs Motion for Reconsideration of the Courts Order and Amended Judgment of November 28, 2007 (Docket No. 266) is GRANTED to the extent plaintiff seeks clarification as to what percentage of the frontpay award is comprised of lost benefits.4 In all other respects, plaintiffs request for the Court to reconsider lost benefits, including plaintiffs request for entry of an amended judgment, is DENIED. Re:266 MOTION for Reconsideration re 264 Judgment - (Case), Judgment - (Case), Judgment - (Case), Judgment - (Case), Judgment - (Case), 263 Memorandum & Order, MOTION for Reconsideration re 264 Judgment - (Case), Judgment - (Case), Judgment - (Case), Judgment - (Case), Judgment - (Case), 263 Memorandum & Order, filed by Plaintiff Wendi Ferguson Sellers. Signed by Mag Judge Frederick R Buckles on 4/14/2008. (NCL)
April 14, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the following supplemental costsshall be and they are taxed against defendant Secretary of Transportation, United States Department of Transportation, in this cause:Fees for exemplification and copies of papers obtained for use in the case: $30.40 Postage and delivery charges: $ 5.66 Long distance telephone charges: $ 2.62 TOTAL: $38.68. Signed by Mag Judge Frederick R Buckles on 4/14/2008. (NCL)
April 14, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff Wendi Ferguson Sellers Motion for Supplemental Award of Attorneys Fees (Docket No. 280) is granted in part and denied in part. IT IS FURTHER ORDERED that plaintiff Wendi Ferguson Sellers shall recover of the defendant Secretary of Transportation,United States Department of Transportation, supplemental attorneys fees in the amount of Thirty-Nine Thousand, Four Hundred Sixty-Six and 75/100 Dollars ($39,466.75). Re:280 Supplemental MOTION for Attorney Fees filed by Plaintiff Wendi Ferguson Sellers. Motion is granted in part and denied in part. Signed by Mag Judge Frederick R Buckles on 4/14/2008. (NCL)