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Merced Rojas v. Town of Cicero

July 13, 2011

MERCED ROJAS
v.
TOWN OF CICERO, ET AL.



Name of Assigned Judge or Magistrate Judge James F. Holderman

Sitting Judge if Other than Assigned Judge

CASE TITLE

DOCKET ENTRY TEXT

The court provides its rulings on the parties' objections to the court's proposed damages instructions [441, 444] in the Statement section of this order.

O[ For further details see text below.] Notices mailed.

STATEMENT

I. Defendants' Objections

1. Waiver of Damages Related to Certain Lost Future Earnings

Defendants Larry Dominick and the Town of Cicero ("Town") (collectively "Defendants") argue that the jury should not be instructed that plaintiff Merced Rojas ("Rojas") can recover damages related to his lost future earnings based on damage to his reputation. Specifically, Defendants argue that Rojas failed to disclose such damages in his Rule 26 disclosures. In those disclosures, Rojas identified the following damages:

All wages, including back pay and front pay, Plaintiff would have received but for the discrimination and retaliation, including pre-judgment interest. Plaintiff states that his annual salary was approximately $49,000 per year;

All benefits, including but not limited to IMRF pension, medical insurance, and all other benefits Plaintiff would have received but for the discrimination and retaliation;

Compensatory damages in an amount to be determined by a trier of fact at trial to compensate Plaintiff for the depression, humiliation, anguish, and emotional distress caused by Defendants' conduct[.]

(Rojas's Initial Rule 26 Disclosures 16-17 (attached as Ex. A to Dkt. No. 441).) The court finds that this disclosure sufficiently placed Defendants on notice that Rojas would be seeking such future damages. Defendants' objection to the ...


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