Lopez v. Aramark Uniform & Career Apparel, Inc., C03-4015-MWB.
| Decision Date | 22 February 2006 |
| Docket Number | No. C03-4030-MWB.,No. C03-4015-MWB.,C03-4015-MWB.,C03-4030-MWB. |
| Parties | Anita LOPEZ, Plaintiff, v. ARAMARK UNIFORM & CAREER APPAREL, INC., A Delaware Corporation, Defendant. Maricela Villalpando, Plaintiff, v. Aramark Uniform & Career Apparel, Inc., A Delaware Corporation, Defendant. |
| Court | U.S. District Court — Northern District of Iowa |
Jay Elliott Denne, Stanley E. Munger, Munger, Reinschmidt & Denne, Sioux City, IA, for Plaintiff.
Anita Lena Dhar, Mark W. Thomas, Grefe & Sidney, Des Moines, IA, Barry Alan Hartstein, Kirsten Milton Evans, Morgan, Lewis & Bockius, LLP, Chicago, IL, for Defendant.
MEMORANDUM ORDER AND OPINION REGARDING DEFENDANT'S SUPPLEMENTAL MOTION FOR AN EVIDENTIARY HEARING TO DETERMINE JUROR MISCONDUCT AND FOR NEW TRIAL
TABLE OF CONTENTS
I. INTRODUCTION AND BACKGROUND ................... 1064
A. Procedural Background ...................... 1064
B. Arguments Of The Parties ................... 1065
1. The defendant's arguments ................ 1065
2. The plaintiffs' arguments in resistance .. 1066
3. The defendant's reply .................... 1066
II. DISCUSSION ................................... 1067
A. Entitlement To An Evidentiary Hearing ...... 1067
B. Federal Rule Of Evidence 606(b) ............ 1067
III. CONCLUSION .................................. 1073
Not surprisingly, following a rather large jury verdict in favor of the plaintiffs in this employment discrimination dispute, the defendant alleges certain juror misconduct requires a new trial be granted. Specifically, the defendant requests this court hold an evidentiary hearing to determine the extent of the alleged misconduct. The plaintiffs have resisted the defendant's request asserting the facts alleged by the defendant fail to justify an evidentiary hearing and that the defendant's fishing expedition should not be rewarded. Thus, the issue currently before the court is whether the defendant has alleged facts warranting postverdict scrutiny of juror conduct in this case. Upon a thorough review of the facts and circumstances surrounding the defendant's request, this court concludes the defendant's broadly-cast fishing net is unquestionably devoid of any "catch."
Given the nature of the defendant's allegations, a brief synopsis of the relevant background leading up to the defendant's current motion is necessary to the court's analysis. Accordingly, the court will proceed to briefly summarize the procedural and factual background of this case.
Plaintiffs Anita Lopez (Case No. C03-4015-MWB) and Maricela Villalpando (Case No. C03-4030-MWBO filed separate law suits against their former employer, defendant Aramark Uniform & Career Apparel, Inc.,) (hereinafter "Aramark" or "defendant") each asserting claims of hostile environment sexual harassment, quid pro quo sexual harassment, and retaliation for complaining about sexual harassment. In addition, Villalpando contended constructive discharge by Aramark as the result of sexual harassment and retaliation. By order dated March 18, 2004 (Doc. No. 19), the court consolidated the plaintiffs' separate lawsuits for trial. A five-day jury trial commenced on October 31, 2005. The jury returned a verdict in favor of both plaintiffs on their claims of hostile environment sexual harassment and retaliation (Doc. No. 60)1 More specifically, with respect to Anita Lopez, the jury found Lopez proved her hostile environment sexual harassment claim and awarded her $30,000.00 in past emotional distress damages and $250,000.00 in punitive damages In addition, the jury found in Lopez's favor on her claim of retaliation and awarded her $5,000.00 in past emotional distress damages and $10,000.00 for punitive damages. With respect to Maricela Villalpando, the jury awarded her $30,000.00 in past emotional distress damages, $10,000.00 in backpay and $250,000.00 in punitive damages on her hostile environment sexual harassment claim. In addition, Villalpando received an award of $5,000.00 for past emotional distress and $10,000.00 for punitive damages with respect to her claim of retaliation.
On November 16, 2005, Aramark filed a Motion To Contact Jurors (Doc. No. 64) in order to ascertain the jurors' opinions and impressions of the trial. The court granted this motion with respect to counsel for both parties on November 28, 2005 (Doc. No. 69). Aramark further filed a Renewed Motion For Judgment As A Matter Of Law And, Alternatively For New Trial And Remittitur Of All Amounts Awarded (Doc. No. 65) on November 18, 2005. An Amended Motion was filed on November 21, 2005 (Doc. No. 68).2 On January 10, 2006, the defendant filed a Supplemental Motion For, An Evidentiary Hearing To Determine Juror Misconduct And For New Trial (Doc. No. 82). On February 2, 2006, the plaintiffs filed their resistance to the defendant's motion (Doc. No. 87). On February 8, 2006, the defendant filed its reply to the plaintiffs' resistance (Doc. No. 89). The parties have each filed briefs in support of their respective positions, and the court now deems this matter fully submitted.
The defendant contends that during November 29, 2005 and January 9, 2006, it engaged in "good faith efforts" to communicate with various jurors via telephone interviews pursuant to the court's order permitting such contact. Defendant's Supplemental Motion For An Evidentiary Hearing To Determine Juror Misconduct And For New Trial (Doc. No. 82), at 2. During one of these interviews, the defendant contends it was apprised of certain juror misconduct that allegedly occurred during jury deliberations. Id. at 2-3. Specifically, the defendant avers Juror Jamey French stated she felt there was unfair pressure during the jury deliberations because two of the female jurors revealed during deliberations they had been sexually abused. Id. at 3. The defendant further contends Juror French stated that "ninety-nine percent of why the verdict was so high" was because of the past sexual abuse of these two female jurors. Id. In support of its contentions, the defendant submitted the affidavit of Attorney Anita L. Dhar, which documents the telephonic interview that occurred with juror Jamey French. Dhar Aff. (Doc. No. 82, Attachment 1), at 1-2. Armed with this information, the defendant contends that the two female jurors deliberately concealed their sexual abuse during voir dire and that an evidentiary hearing is necessary in order to determine whether it received a fair and impartial jury in the trial of this matter.
In their combined resistance, the plaintiffs contend the court should deny the defendant's Supplemental Motion For An Evidentiary Hearing. First, the plaintiffs argue that Federal Rule of Evidence 606(b) prohibits the defendant's attempted inquiry into the validity of the verdict. The plaintiffs assert the evidence the defendant seeks to introduce consists of testimony regarding the subjective prejudices or improper motives of other jurors. Under Rule 606(b), the plaintiffs argue this type of evidence in inadmissable. Further, even if the testimony is admissible evidence under Rule 606(b), the plaintiffs contend the defendant failed to preserve its objection to the empaneled jury because it failed to make a proper inquiry during voir dire. The plaintiffs point out that neither the court, nor counsel, asked the jurors directly if they had ever been sexually abused. The only question that remotely touched upon the subject was a question inquired of by the court as to whether any of the jurors or their family members or close friends had ever been the victims of sexual harassment or any other type of discrimination. The plaintiffs argue that is not the same question as whether anyone had ever been sexually abused, and therefore, that the defendant's contention that the two female jurors deliberately concealed information is without merit. Finally, the plaintiffs argue that even if the court were to hold a hearing, the testimony of Juror French would not support the defendant's allegations. In support of this contention, the plaintiffs supplanted their resistance with an affidavit of Juror French essentially contradicting Anita Dhar's affidavit recounting her conversation with Juror French. Accordingly, the plaintiffs request this court deny the defendant's request for an evidentiary hearing.
In reply, the defendant argues that Federal Rule of Evidence 606(b) does not apply to the situation presented. The defendant points out that Rule 606(b) contains an exception, which essentially allows a juror to testify on the question of whether extraneous prejudicial information was improperly brought to the jury's attention. The defendant contends it is "hard pressed" to think how else the prior sexual abuse of a juror or jurors would be classified. Defendant's Reply To Plaintiff's Resistance To Motion For Evidentiary Hearing To Determine Juror Misconduct And For New Trial (Doc. No. 89), at 2. In addition, the defendant asserts that the questions asked by this court during voir dire made it clear that information regarding prior sexual abuse should have been disclosed. Specifically, the defendant points out that following the court's question with respect to whether any juror or a family member or close friend had been the victim of sexual harassment or any other type of discrimination, one juror revealed she had a daughter who alleged she had been sexually harassed by the mother's boyfriend outside of the workplace. Thus, the defendant argues it was clear that the scope of the court's question was not limited to the employment context. In addition, the defendant points out that the court also asked generalized questions with respect to the jurors' abilities to be fair and impartial and that none of the jurors...
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