Stienmier v. Department of Air Force

Full title: RICHARD STIENMIER, Plaintiff, v. DEPARTMENT OF THE AIR FORCE, Defendant

Court: United States District Court, D. Colorado

Date published: Jan 12, 2010

Civil Action No. 09-cv-01260-KMT-BNB (D. Colo. Jan. 12, 2010)

Opinion

Civil Action No. 09-cv-01260-KMT-BNB.

January 12, 2010

ORDER

KATHLEEN TAFOYA, Magistrate Judge

Pursuant to Motion to Amend Scheduling Order (Document # 39) and Order from the Bench during the Scheduling Conference on December 14, 2009 (Courtroom Minutes, document #29), it is hereby

ORDERED that the Motion to Amend Scheduling Order (Document # 39) is GRANTED, and the following information supplements the Scheduling Order (document #30) by adding to § C. Damages:

C. Damages $44,689.50

Date Description Amount 1 Feb 08 Last pay day — total of missing pay as of that date $5,432.30 Pay calculation: $1,046.46 bi-weekly × 26 paydays = annual pay of $27,467.96 $27,467.96/365 = $75.25 daily pay 17 Sep 09 Date of Ms. Stienmier's death Days from last payday to date of death = 594 Pay due: 594 × $75.25 = $35,743.75 Total Principal Wages owed to Ms. Stienmier (which does not include any benefits paid on Principal Wages) $50,130.80 In addition, Ms. Stienmier suffered damages arising out of and related to emotional distress. Plaintiff is in the process of seeking expert opinion to assist in valuing these damages.

Finally, Plaintiff has incurred attorney fees which damages will be sought at trial.