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Ryl-Kuchar v. Care Centers

May 7, 2008

KATHLEEN RYL-KUCHAR, PLAINTIFF,
v.
CARE CENTERS, INC., AN ILLINOIS CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Judge Holderman

Jury trial demanded

Magistrate Judge Brown

Plaintiff's Motion for Entry of Judgment Including Interest, Liquidated Damages, Attorneys' Fees, and Costs

Plaintiff Kathleen Ryl-Kuchar moves pursuant to the Order of May 2, 2008, (doc. #257) for entry of Judgment including interest, liquidated damages, attorney's fees, and costs. Specifically, plaintiff requests judgment be entered in the amount of $85,453.34 (consisting of the jury verdict of $31,621.08, interest of $11,105.59, and liquidated damages of $42,726.67) plus attorneys' fees as determined by Federal Rule of Civil Procedure 54(d)(2) and Local Rule 54.3 and costs as determined by 54(d)(1) and Local Rule 54.1. In support of this Motion, plaintiff states as follows:

1. This is a case under the Family and Medical Leave Act of 1993 [29 U.S.C. §§2601 et seq.], in which the jury returned a verdict for plaintiff in the amount of $31,621.08. See, Order of May 2, 2008 (doc. #257).

2. Pursuant to Your Honor's direction, counsel for the plaintiff offered counsel for the defendant a stipulation as to the calculation of interest. See, id. The proposed stipulation provided that defendant's agreement to the interest calculation would not waive any issues for post-trial motions or appeal. Counsel for the defendant declined to enter into such a stipulation. See, proposed Stipulation and e-mail and fax correspondence between D. Lee and C. Stein, attached hereto as Exhibit A.

3. The Family and Medical Leave Act provides for the following relief: "(1)(A) ... damages equal to:

(i) the amount of --

(I) any ... employment benefits ... denied or lost to such employee by reason of the violation;

(II) *****

(ii) the interest on the amount described in clause (i) calculated at the prevailing rate; and

(iii) an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii)....*fn1

*****

(3) .... a reasonable attorney's fee .... and other costs of the action to be ...


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