Adams v. Austal U.S.A., L.L.C.

Full title: EARATON ADAMS, MYRON BARNES, FREDERICK CARTER, SIDNEY HEDGEMAN and CARLOS…

Court: United States District Court, S.D. Alabama, Southern Division

Date published: Oct 18, 2011

CIVIL ACTION 08-00155-KD-N (S.D. Ala. Oct. 18, 2011)

Opinion

CIVIL ACTION 08-00155-KD-N.

October 18, 2011

ORDER

KRISTI DuBOSE, Magistrate Judge

This action came before the Court for jury selection on August 30, 2011, and trial by jury beginning September 26, 2011 and ending October 5, 2011, with United States District Judge Kristi K. DuBose presiding.

On September 26, 2011, the jury was duly sworn and trial commenced. From September 26, 2011 through September 29, 2011, Plaintiffs Earaton Adams, Myron Barnes, Frederick Carter, Sidney Hedgeman and Carlos Johnson presented their case-in-chief.

Defendant Austal, U.S.A., L.L.C. ("Austal") moved for judgment as a matter of law at the close of the Plaintiffs' evidence on all claims. On the afternoon of September 29, 2011, the Court addressed Austal's motion: that portion of the motion relating to the hostile work environment claims was denied, and the motion, as to the remaining claims, was taken under submission.

Plaintiffs rested in the morning on September 30, 2011. Subsequently, Austal began presentation of its case-in-chief.

Austal concluded its case-in-chief and rested on October 3, 2011. Austal moved for judgment as a matter of law at the close of all of the evidence and the Court heard oral argument on same on the afternoon of October 3, 2011, and ruled on the record.

On the morning of October 4, 2011, the Court held a charge conference with counsel. Thereafter, the parties gave their closing arguments. The Court then charged the jury on the applicable law and the jury commenced their deliberations. At the end of the day on October 4, 2011, the jury recessed for the day.

On October 5, 2011, the jury having heard the evidence, the arguments of counsel, the charge of the Court and having considered the same upon their oaths, deliberated and returned the following verdicts (a copy of which is attached hereto):

Plaintiff Earaton Adams

I. Hostile Work Environment

Do you find for Earaton Adams or Austal USA on Adams' claim of hostile work environment?

No verdict

II. Failure to Promote

Do you find for Earaton Adams or Austal USA on Adams' claim of failure to promote?

Austal, USA

III. Damages

None

Plaintiff Myron Barnes

I. Hostile Work Environment

Do you find for Myron Barnes or Austal USA on Barnes' claim of hostile work environment?

No verdict

II. Failure to Promote

Do you find for Myron Barnes or Austal USA on Barnes' claim of failure to promote?

Austal, USA

III. Retaliation

Do you find for Myron Barnes or Austal USA on Barnes' claim of retaliation?

Austal, USA

IV. Damages

None

Plaintiff Frederick Carter

I. Hostile Work Environment

Do you find for Frederick Carter or Austal USA on Carter's claim of hostile work environment?

Austal, USA

II. Failure to Promote

Do you find for Frederick Carter or Austal USA on Carter's claim of failure to promote (Tom Bishop Warehouse Coordinator position in 2006)?

Austal, USA

Do you find for Frederick Carter or Austal USA on Carter's claim of failure to promote (Jerrod Bradford Warehouse Coordinator position in 2007)?

Austal, USA

III. Damages

None

Plaintiff Sidney Hedgeman

I. Hostile Work Environment

Do you find for Sidney Hedgeman or Austal USA on Hedgeman's claim of hostile work environment?

Austal, USA

II. Damages

None

Plaintiff Carlos Johnson

I. Hostile Work Environment

Do you find for Carlos Johnson or Austal USA on Johnson's claim of hostile work environment?

No verdict

II. Failure to Promote

Do you find for Carlos Johnson or Austal USA on Johnson's claim of failure to promote?

Austal, USA

III. Damages

None

DONE and ORDERED this the 14th day of October 2011.

EARATON ADAMS VERDICT I. Hostile Work Environment

1. Do you find for Earaton Adams or Austal USA on Adams' claim of hostile work environment? Earaton Adams _______________ Austal, USA _______________

II. Failure to Promote

2. Do you find for Earaton Adams or Austal USA on Adams' claim of failure to promote? Earaton Adams _______________ Austal, USA

If you find for Earaton Adams in Question #1 or #2, then answer Questions #3 and #4. If you did not find for Earaton Adams in Question #1 or #2, stop and sign this Verdict Form and then proceed to the next Plaintiff's verdict form.

III. Damages

3. Do you find from a preponderance of the evidence that Adams should be awarded compensatory damages?

YES _______________ NO _______________ If you answered Yes, in what amount? _________________

4. Do you find from a preponderance of the evidence that Adams should be awarded punitive damages?

YES _______________ NO _______________ If you answered Yes, in what amount? _________________

SO SAY WE ALL,

MYRON BARNES VERDICT I. Hostile Work Environment

1. Do you find for Myron Barnes or Austal USA on Barnes' claim of hostile work environment? Myron Barnes _______________ Austal, USA _______________

II. Failure to Promote

2. Do you find for Myron Barnes or Austal USA on Barnes' claim of failure to promote? Myron Barnes _______________ Austal, USA

III. Retaliation

3. Do you find for Myron Barnes or Austal USA on Barnes' claim of retaliation? Myron Barnes _______________ Austal, USA If you find for Myron Barnes in Question #1, #2 or #3, then answer Questions #4 and #5. If you did not find for Myron Barnes in Question #1, #2 or #3, stop and sign this Verdict Form and then proceed to the next Plaintiff's verdict form.

IV. Damages

4. Do you find from a preponderance of the evidence that Barnes should be awarded compensatory damages?

YES _______________ NO _______________ If you answered Yes, in what amount? _________________

5. Do you find from a preponderance of the evidence that Barnes should be awarded punitive damages?

YES _______________ NO _______________ If you answered Yes, in what amount? _________________ SO SAY WE ALL,

FREDERICK CARTER VERDICT I. Hostile Work Environment

1. Do you find for Frederick Carter or Austal USA on Carter's claim of hostile work environment? Frederick Carter ____________ Austal, USA

II. Failure to Promote

2. Do you find for Frederick Carter or Austal USA on Carter's claim of failure to promote (Tom Bishop Warehouse Coordinator position in 2006)? Frederick Carter ____________ Austal, USA

3. Do you find for Frederick Carter or Austal USA on Carter's claim of failure to promote (Jerrod Bradford Warehouse Coordinator position in 2007)?

Frederick Carter ____________ Austal, USA If you find for Frederick Carter in Question #1, #2 or #3, then answer Questions #4 and #5. If you did not find for Frederick Carter in Question #1, #2 or #3, stop and sign this Verdict Form and then proceed to the next Plaintiff's verdict form.

III. Damages

4. Do you find from a preponderance of the evidence that Carter should be awarded compensatory damages?

YES ___________________ NO _______________ If you answered Yes, in what amount? _________________

5. Do you find from a preponderance of the evidence that Carter should be awarded punitive damages?

YES ____________________ NO _______________ If you answered Yes, in what amount?

SO SAY WE ALL,

SIDNEY HEDGEMAN VERDICT I. Hostile Work Environment

1. Do you find for Sidney Hedgeman or Austal USA on Hedgeman's claim of hostile work environment? Sidney Hedgeman ____________ Austal, USA If you find for Sidney Hedgeman in Question #1, then answer Questions #2 and #3. If you did not find for Sidney Hedgeman in Question #1, stop and sign this Verdict Form and then proceed to the next Plaintiff's verdict form.

II. Damages

2. Do you find from a preponderance of the evidence that Hedgeman should be awarded compensatory damages? YES ________________ NO _________________ If you answered Yes, in what amount? ___________________

3. Do you find from a preponderance of the evidence that Hedgeman should be awarded punitive damages?

YES ________________ NO _________________ If you answered Yes, in what amount? _____________________

SO SAY WE ALL,

CARLOS JOHNSON VERDICT I. Hostile Work Environment

1. Do you find for Carlos Johnson or Austal USA on Johnson's claim of hostile work environment? Carlos Johnson ____________ Austal, USA ___________________

II. Failure to Promote

2. Do you find for Carlos Johnson or Austal USA on Johnson's claim of failure to promote? Carlos Johnson ____________ Austal, USA

If you find for Carlos Johnson in Question #1 or #2, then answer Question #3. If you did not find for Carlos Johnson in Question #1 or #2, stop and sign this Verdict Form and then proceed to the next Plaintiffs verdict form.

III. Damages

3. Do you find from a preponderance of the evidence that Johnson should be awarded compensatory damages?

YES _________________ NO _____________________ If you answered Yes, in what amount? _____________________

SO SAY WE ALL,