Bob La Trémouille reports:
1. Introduction.
2. The rulings on line.
A. Defendant’s Motion for Reconsideration, May 21, 2010.
B. Plaintiff’s Motion to Clarify, Alter and Amend the Court’s Judgment, May 21, 2010.
C. Plaintiff’s Petition for Award of Fees and Costs, May 21, 2010.
D. Amended Order of Judgment, May 21, 2010.
E. Amended Final Judgment, May 25, 2010.
1. Introduction.
The latest orders in the case of Malvina Monteiro v. City of Cambridge came down on May 21, 2010 and May 24, 2010.
Thank you to Carolyn Shipley on the Cambridgeport list for pointing this out to me.
I have gone to the Court’s docket and obtained what is reported on the docket. They follow below, with paragraphing added and line numbering deleted. If you see any inexplicable numbers, they are probably line numbers I missed. I would appreciate being informed of such errors.
This time, the reasoning of the Court has not been posted on line.
Carolyn quoted the Cambridge Chronicle's report that the award is $6.9 million. This is the Chronicle’s quote of Monteiro’s attorney as stated in the on line version of the report.
My comment provided to the Cambridgeport list read as follows:
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Thank you to Carolyn for reporting this.
I have not picked up the Chronicle yet and I cannot find this report on line in the Chronicle.
In contrast to the main decision, the Court's on line record, the on line docket does not include the rationalization for the decisions. I will post what little I have on the Charles River White Geese Blog.
I do not see a heck of a lot complicated about this matter.
The judge's key decision last year was excellent. The City Council should have then and still can fire the City Manager for cause, preferably with permission of the judge.
The judge has made an excellent case for firing the City Manager, with judicial permission, without pension and without golden parachute. Rather than wasting money on a silly appeal for the benefit of the City Manager, the City Council should switch sides to the side they claim to be on.
An excellent precedent can be made out of this case if the Cambridge City Council is pro civil rights.
This is yet another example of decent people deeply offended by the behavior of the City of Cambridge, and the Cambridge City Council not wanting to know what is going on.
This woman has suffered enough.
$6.9 million enough.
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2. The rulings on line.
A. Defendant’s Motion for Reconsideration, May 21, 2010.
MEMORANDUM OF DECISION AND ORDER ON DEFENDANTS MOTION FOR RECONSIDERTION:
For the foregoing reasons, the City's Motion for Reconsideration of its post trial motions on punitive damages is denied.
(Bonnie H. MacLeod, Justice).
Copies mailed May 21, 2010
B. Plaintiff’s Motion to Clarify, Alter and Amend the Court’s Judgment, May 21, 2010.
MEMORANDUM OF DECISION AND ORDER ON PLAINTIFF'S MOTION TO CLARIFY, ALTER AND AMEND THE COURT'S JUDGMENT ON JURY VERDICTS:
For the foregoing reasons, it is Ordered that an Amended Judgment shall issue reflecting prejudgment interest from January 5, 2005 through June 12, 5 2008 and post judgment interest on the award of damages and attorney's fees running from June 12, 2008
(Bonnie H. MacLeod, Justice).
Copies mailed May 21, 2010
C. Plaintiff’s Petition for Award of Fees and Costs, May 21, 2010.
MEMORANDUM OF DECISION AND ORDER ON PLAINTIFFS PETITION FOR AWARD OF FEES AND COSTS:
For the foregoing reasons, it is Ordered that the plaintiff recover $545,842.00 in attorney's fees and $23,697.00 in costs.
(Bonnie H. MacLeod, Justice).
Copies mailed May 21, 2010
D. Amended Order of Judgment, May 21, 2010.
Amended Order of Judgment:
It is ORDERED and ADJUDGED:
With respect to Count Ten (Retaliation) of the Amended Complaint, that judgment enter in favor of the Plaintiff Malvina Monteiro and that such judgment is entered nunc pro tunc as of June 12, 2008.
With respect to Counts Eight and Nine of the Amended Complaint (Race and National Origin Discrimination), that, consistent with the jury's answer of a special verdict question at the trial in this matter in 2005, and with Ms. Monteiro's voluntary dismissal of the claims in May of 2008, Counts Eight and Nine are dismissed with prejudice and the parties will bear their own costs as to the trial of such claims in 2005.
With regard to Count Ten (Retaliation) and consistent with the jury's verdict, that the Plaintiff Monteiro take:
(a) compensatory damages in the amount of $1,062,400, plus pre-judgment statutory interest of twelve percent (12%) per annum from January 5, 2005 until June 12, 2008, and post-judgment statutory interest of twelve percent (12%) per annum on the compensatory damages as well as the accumulated pre-judgment interest, running from June 12, 2008 until judgment is satisfied;
(b) punitive damages in the amount of $3,500,000, with post-judgment simple interest of twelve percent (12%) per annum from June 12, 2008 until judgment is satisfied; and,
(c) reasonable attorneys' fees in the amount of $545,842. and costs in the amount of $23,697.
It is ORDERED and ADJUDGED:
With respect to Count Ten (Retaliation) of the Amended Complaint, that judgment enter in favor of the Plaintiff Malvina Monteiro and that such judgment is entered nunc pro tunc as of June 12, 2008.
With respect to Counts Eight and Nine of the Amended Complaint (Race and National Origin Discrimination), that, consistent with the jury's answer of a special verdict question at the trial in this matter in 2005, and with Ms. Monteiro's voluntary dismissal of the claims in May of 2008, Counts Eight and Nine are dismissed with prejudice and the parties will bear their own costs as to the trial of such claims in 2005.
With regard to Count Ten (Retaliation) and consistent with the jury's verdict, that the Plaintiff Monteiro take:
(a) compensatory damages in the amount of $1,062,400, plus pre-judgment statutory interest of twelve percent (12%) per annum from January 5, 2005 until June 12, 2008, and post-judgment statutory interest of twelve percent (12%) per annum on the compensatory damages as well as the accumulated pre-judgment interest, running from June 12, 2008 until judgment is satisfied;
(b) punitive damages in the amount of $3,500,000, with post-judgment simple interest of twelve percent (12%) per annum from June 12, 2008 until judgment is satisfied; and,
(c) reasonable attorneys' fees in the amount of $545,842. and costs in the amount of $23,697.
(Bonnie H. MacLeod-Mancuso, J)
copes mailed May 21, 2010
E. Amended Final Judgment, May 25, 2010.
AMENDED FINAL JUDGMENT ON JURY VERDICT:
This action came on for trial before the Court and a jury, Bonnie H. MacLeod, Justice, presiding, the issues having been duly tried and the jury having rendered its verdict, It is ORDERED and ADJUDGED:
With respect to Count Ten (Retaliation) of the Amended Complaint, that judgment enter in favor of the Plaintiff Malvina Monteiro and that such judgment is entered nunc pro tunc as of June 12, 2008.
With respect to Counts Eight and Nine of the Amended Complaint (Race and National Origin Discrimination), that, consistent with the jury's answer of a special verdict question at the trial in this matter in 2005, and with Ms. Monteiro's voluntary dismissal of the claims in May of 2008, Counts Eight and Nine are dismissed with prejudice and the parties will bear their own costs as to the trial of such claims in 2005.
With regard to Count Ten (Retaliation) and consistent with the jury's verdict, that the Plaintiff Monteiro take:
(a) compensatory damages in the amount of $1,062,400, plus pre-judgment statutory interest of twelve percent (12%) per annum in the sum of $438,003.70 from January 5, 2005 until June 12, 2008,and post-judgment statutory interest of twelve percent (12%) per annum on the compensatory damages as well as the accumulated pre-judgment interest($1,500,403.70), in the sum of $350,727.57 from June 12, 2008 until May 24, 2010;
The court further awards (b) punitive damages in the amount of $3,500,000, with post-judgment simple interest of twelve percent (12%) per annum in the sum of $81,814.41 from June 12, 2008 until May 24, 2010; and,
(c) reasonable attorneys' fees in the amount of $545,842 and costs in the amount of $23,697.
Copies mailed 5/24/10.
