Crump v. Tcoombs & Associates, LLC, trading as TCAssociates et al
| Summer Crump |
| Tcoombs & Associates, LLC, trading as TCAssociates, TCMP Health Services, LLC and United States Dept of Navy, by and through Ray Mabus, Secretary of Dept of Navy |
| 2:2013cv00707 |
| December 19, 2013 |
| US District Court for the Eastern District of Virginia |
| Norfolk Office |
| Norfolk City |
| Mark S. Davis |
| Lawrence R. Leonard |
| Americans with Disabilities - Employment |
| 42 U.S.C. ยง 12101 |
| Plaintiff |
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Filing
381
OPINION AND ORDER: granting 340 Motion for Attorney Fees; granting 372 Motion for Attorney Fees. Having performed the required "lodestar analysis," having considered all of the Johnson factors. Barber, 577 F.2d at 226n.28, and having adjusted the lodestar figure to reflect the "degree of success achieved" by Plaintiff, the Court GRANTS Plaintiff's motion for attorney's fees and litigation expenses and Plaintiff's motion for supplemental attorney's fe es. ECF No. 340; ECF No. 372. After making a downward adjustment to the total hours requested by Plaintiff and adjusting for Plaintiff's overall success, the Court hereby AWARDS attorney's fees toPlaintiff in the amount of $493,721.72. Such total figure represents a fee of $461,873.02 to Sullivan Legal Group, Plaintiff's counsel, and a fee of $31,848.70 to Mr. Pearline, Plaintiff's co-counsel. Copy of Opinion and Order provided to all counsel of record. Signed by District Judge Mark S. Davis on 3/27/2017. (bgra)
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Filing
337
OPINION AND ORDER: The Court ORDERS that Plaintiff be awarded back pay damages in the amount of $40,842.42 and pre-judgment interest thereon at a rate of six percent (6%) to be compounded annually. As set forth above, pre-judgment interest is to be calculated on each separate installment of Plaintiff's salary, less interim earnings, from the date it would have been due to the date of this Opinion and Order. The Court further ORDERS an award of post-judgment interest beginning on t he date of this Opinion and Order. Having resolved Plaintiff's request for equitable damages, and as the jury verdict in this matter has already been entered, ECF No. 314, the Clerk is REQUESTED to enter judgment on the jury's verdict in favor of Plaintiff. Copy of Opinion and Order provided to all counsel of record. Signed by District Judge Mark S. Davis on 9/8/2016. (bgra)
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Filing
319
MEMORANDUM ORDER: Having heard arguments from the parties at trial, the Court now memorializes its ruling, citing the legal support it discussed on the record. The Court OVERRULED the Navy's objection to Jury Instruction 32. Signed by District Judge Mark S. Davis on 3/3/2016. (bgra)
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Filing
183
OPINION AND ORDER: granting in part and denying in part 82 Motion for Summary Judgment; denying 85 Motion for Summary Judgment; granting 135 Motion for Summary Judgment; denying in part and denying in part as moot 171 MOTION for Leave to File Additional Evidence in Support of Opposition to Defendant Navys Motion for Summary Judgment (ECF NO. 112) and Opposition to Defendants TCoombs & Associates, LLC and TCMP Health Services, LLCs Motion for Summary Judgment (ECF NO. 113). The Cou rt DENIES IN PART and DENIES IN PART AS MOOT Plaintiff's Motion for Leave to Submit Additional Evidence, ECF No. 171. The Court DENIES such motion as to the additional evidence Plaintiff sought to submit in opposition to TCA's moti on for summary judgment and the Court DENIES AS MOOT such motion as to the evidence Plaintiff sought to submit in opposition to the Navy's motion for summary judgment. The Court GRANTS Plaintiff's Motion for Summary Judgment, ECF No. 135 , regarding the Navy's status as Plaintiff's employer. For the purposes of Rehabilitation Act liability, the Navy was Plaintiff's employer under the joint employer doctrine.The Court GRANTS IN PART and DENIES IN PART the Navy's Mo tion for Summary Judgment, ECF No. 82. The Court DENIES such motion with respect to the joint employer doctrine and the defense of administrative exhaustion because the Court has determined that the Navy employed Plaintiff and that there is agenuine dispute of material fact as to whether Plaintiff timely initiated EEO counseling with the Navy. The Court GRANTS the Navy's motion with respect to Plaintiff's constructive discharge claim because no reasonable finder of fact could conclude that, if the Navy failed to accommodate Plaintiff, it did so with the intent to force Plaintiff to quit. The Court DENIES TCA's Motion for Summary Judgment, ECF No. 85. Plaintiff has adduced evidence creating genuine disputes of material fact as to both her failure-to-accommodate and constructive discharge claims against TCA. Copy of Order distributed as directed. Signed by District Judge Mark S. Davis on 9/22/2015. (bgra)
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Filing
23
OPINION AND ORDER: denying 9 Motion to Dismiss for Failure to State a Claim; dismissing as moot as to the Navy and granting as to TCA and TCMP 11 Motion to Amend/Correct. Plaintiff's Motion to Amend her Complaint, ECF No. 11, is DISMISSE D AS MOOT as to the Navy, as Plaintiff is entitled to amend her Complaint "once as a matter of course" as to the Navy. Fed. R. Civ. P. 15(a). Plaintiff's Motion to Amend her Complaint, ECF No. 11, is GRANTED as to TCA and TCMP, as TCA and TCMP do not oppose Plaintiff's motion and the Court finds no evidence of prejudice, bad faith, or futility resulting to TCA or TCMP from Plaintiff's amendments. Laber, 438 F.3d at 426. The Clerk's Office is ORDERED to file Plaintiff's proposed Amended Complaint, ECF No. 11-1, as of the date of this Opinion and Order. The Navy's Motion to Dismiss is DENIED. ECF No. 9. (See footnote and supra notes for specifics). Copies distributed to counsel of record as directed. Signed by District Judge Mark S. Davis and filed on 9/23/2014. (bgra)
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