Castle v. Sangamo Weston, Inc.

• Decision Date: 17 July 1986
• Docket Number: 81-529-Civ-T-GC.,Civ. A. No. 81-421-Civ-T-GC
• Parties: Charles A. CASTLE, Plaintiff, v. SANGAMO WESTON, INC., Defendant. Chris PAPASTRAT, et al., Plaintiffs, v. SANGAMO WESTON, INC., Defendant.
• Court: U.S. District Court — Middle District of Florida

650 F. Supp. 252

Charles A. CASTLE, Plaintiff, v. SANGAMO WESTON, INC., Defendant.

Chris PAPASTRAT, et al., Plaintiffs, v. SANGAMO WESTON, INC., Defendant.

Civ. A. Nos. 81-421-Civ-T-GC, 81-529-Civ-T-GC.

United States District Court, M.D. Florida, Tampa Division.

July 17, 1986.

COPYRIGHT MATERIAL OMITTED

George Barford, John P. McAdams, Carlton, Fields, Ward Emmanuel, Smith & Sutler, P.A., Tampa, Fla., James E. Aker, Icard, Merrill, Cullis, Timm & Furen, P.A., Sarasota, Fla., for plaintiffs.

Lorraine Anaya, E.E.O.C., Miami, Fla., for E.E.O.C.

Warren M. Goodrich & Mary Applegate, Holland & Knight, Bradenton, Fla., Eugene T. D'Ablemont, Ned H. Bassen, Kelley Drye & Warren, New York City, Ben H. Hill, III, Mark A. Hanley, Shackleford, Farrior, Stalling & Evans, P.A., Tampa, Fla., for defendant.

MEMORANDUM OPINION

RICHARD E. ROBINSON, Senior District Judge.^*

I. BACKGROUND.

These actions were brought under the Age Discrimination in Employment Act (ADEA or Act), 29 U.S.C. Section 621 et seq., and were tried to the Court and a jury over the course of a five week period. On March 5, 1986, the jury returned its verdicts via special interrogatories in favor of each of the ten individual plaintiffs on the issue of liability, finding that the plaintiffs had been discriminated against based upon their age, that the defendant's violation of the ADEA was willful, and awarding nine of the ten plaintiffs back pay.

Defendant made a timely motion for directed verdict at the end of all the evidence on which the Court reserved ruling. On March 6, 1986, the Court heard arguments on this motion. At the beginning of this hearing the defendant made an oral motion for judgment notwithstanding the verdict, pursuant to Fed.R.Civ.P. 50(b). At the Court's request, the parties' arguments covered all issues raised by the motion for directed verdict, as well as, all issues raised by defendant's motion for judgment notwithstanding the verdict. This was done to accommodate the judge who presided over the trial and avoid a return trip from Omaha, Nebraska, to Tampa, Florida, to hear argument on a motion for judgment notwithstanding the verdict. Of course, the standard governing the resolution of such motions is the same. Boeing Company v. Shipman, 411 F.2d 365 (5th Cir.1969) (en banc).

After the jury was discharged and the parties were heard on their post-trial motions, the Court heard additional evidence on the equitable issues of reinstatement, front pay damages, and liquidated damages. The parties were instructed to submit post-trial briefs addressing the motions for directed verdict and judgment notwithstanding the verdict, as well as, the remaining equitable issues to be decided by the Court. These briefs were timely received and the actions are deemed submitted for final determinations.

II. DISCUSSION.

A. Entry of judgments on back pay and liquidated damages:

The Court finds, and will enter judgments accordingly, that based upon the jury's answers to the questions contained in the verdict forms judgments should be entered against the defendant Sangamo Weston and in favor of the plaintiffs for back pay damages as follows:

1. Shelby D. Bass, Jr. is entitled to recover from the defendant the sum of $181,541.00;

2. Gerard E. Breyton is entitled to recover from the defendant the sum of $17,094.00;

3. Charles A. Castle shall recover nothing from the defendant (as to back pay);

4. Edward G. Fearn is entitled to recover from the defendant the sum of $138,476.00;

5. James W. Gregory is entitled to recover from the defendant the sum of $137,768.00;

6. Harry K. Moore is entitled to recover from the defendant the sum of $34,972.00;

7. John S. Norton is entitled to recover from the defendant the sum of $74,061.00;

8. Chris Papastrat is entitled to recover from the defendant the sum of $22,375.00;

9. Richard Ridgewell is entitled to recover from the defendant the sum of $164,259.00; and

10. Donald J. Woodworth is entitled to recover from the defendant the sum of $879.00.

If the jury's verdict is allowed to stand as to liability, back pay damages, and the finding that the defendant's actions were willful, then the Court must consider whether liquidated damages should be awarded. The jury having found that the defendant's alleged violations of the ADEA were willful as to each plaintiff, the Court finds that liquidated damages, in an amount equal to the jury's back pay award, should be awarded to each prevailing plaintiff.¹

The Court will enter judgments against the defendant and in favor of the plaintiffs for liquidated damages as follows:

1. Shelby D. Bass, Jr. is entitled to recover from the defendant the sum of $181,541.00;

2. Gerard E. Breyton is entitled to recover from the defendant the sum of $17,094.00;

3. Charles A. Castle shall recover nothing from the defendant (as to liquidated damages);

4. Edward G. Fearn is entitled to recover from the defendant the sum of $138,476.00;

5. James W. Gregory is entitled to recover from the defendant the sum of $137,768.00;

6. Harry K. Moore is entitled to recover from the defendant the sum of $34,972.00;

7. John S. Norton is entitled to recover from the defendant the sum of $74,061.00;

8. Chris Papastrat is entitled to recover from the defendant the sum of $22,375.00;

9. Richard Ridgewell is entitled to recover from the defendant the sum of $164,259.00; and

10. Donald J. Woodworth is entitled to recover from the defendant the sum of $879.00.

B. Equitable issues — front pay and reinstatement:

Turning to front pay damages, the Court has carefully considered the parties' arguments, their briefs in support of their respective positions on the numerous issues involved therein, and the relevant case law. Front pay is clearly an available remedy in an ADEA case in the Eleventh Circuit, but the preferred remedy is reinstatement and before front pay damages can be considered, the Court must determine if any of the prevailing plaintiffs are entitled to reinstatement. Goldstein v. Manhatten Industries, Inc., 758 F.2d 1435, 1448-49 (11th Cir.1985), cert. denied, ___ U.S. ___, 106 S.Ct. 525, 88 L.Ed.2d 457 (1986) ("The Eleventh Circuit has expressly held that an award of front pay — i.e. prospective lost earnings — may be an appropriate remedy in an age discrimination suit because reinstatement would be impracticable or inadequate."), citing, O'Donnell v. Georgia Osteopathic Hospital, Inc., 748 F.2d 1543, 1551-52 (11th Cir.1984) (front pay may be awarded in lieu of reinstatement "only after reinstatement is dismissed as a realistic alternative."). "The determination of whether reinstatement is an appropriate remedy lies within the sound discretion of the district court. More generally, the selection of remedies for an ADEA violation is a matter of the trial court's discretion, so long as the relief granted is consistent with the purposes of the Act." Goldstein, 758 F.2d at 1448.

Although the plaintiffs indicated throughout the trial that they were seeking reinstatement into their former positions and the defendant's pension plan, they were quick to point out that "exceptional circumstances" exist which would necessitate them being awarded front pay and pension benefits in lieu of reinstatement.² Plaintiff's position regarding reinstatement has been clarified to some extent and it now appears that they are arguing more in favor of front pay damages and against reinstatement. In their post-trial brief plaintiffs state:

In the case at bar, reinstatement of the plaintiffs into their former jobs is not practicable. The evidence in the record mandates this conclusion. In view of the defendant's stated intention to appeal any judgment against it to the Eleventh Circuit, the implementation of any reinstatement order would be at least two years away, or almost a decade since the plaintiffs were fired. In addition to the significant passage of time, there are a number of other judicially recognized factors which militate against reinstatement. There is a serious question whether comparable positions are available; defendant says there are no such positions. Undeniably, this litigation has engendered considerable animosity and antagonism between the parties. In addition, the evidence clearly indicates that technology in the telemetry industry has changed dramatically in the years following the plaintiffs' termination.

(Plaintiffs' post-trial brief at 37 footnote omitted).

Even if the jury's verdicts on liability were to stand, thus bringing up the question of reinstatement or front pay, this Court essentially agrees with plaintiffs' argument that reinstatement for all of the plaintiffs would be inappropriate. Therefore, the Court finds that due to the passage of time since the plaintiffs' terminations, the restructuring of Sangamo Weston's departments in which the plaintiffs worked, the elimination of jobs held by the plaintiffs, the changing technology in the industry, and various other factors, reinstatement is inappropriate for all plaintiffs. This finding raises the next issue of whether an award of front pay is appropriate and, if so, the amount of such an award.

An award of front pay is an equitable remedy which is guided by the district court's "sound discretion." Goldstein, 758 F.2d at 1148. This discretion must be tempered by the underlying proposition that the intent of the ADEA is to make a wrongfully discharged or demoted plaintiff "whole," or in other words to put the plaintiff in the same position he, she would have been in absent any discriminatory actions. Gibson v. Mohawk Rubber Co., 695 F.2d 1093, 1097 (8th Cir.1983); Whittlesey v. Union Carbide Corp., 742 F.2d 724, 727-28 (2d Cir.1984); Geller v. Markham, 635 F.2d 1027, 1036 (2d Cir. 1980), cert. denied, 451 U.S. 945, 101 S.Ct. 2028, 68 L.Ed.2d 332 (1981). No precise guidelines have been established by the Eleventh Circuit (or any other circuits of which the Court is aware) which would assist this Court in determining whether an award of...