Date: 01-28-2017

Case Style:

Case Number: 1:14-cv-04215-RMB-JS

Judge: Renee Marie Bumb

Court: United States District Court for the District of New Jersey (Essex County)

Plaintiff's Attorney:

Steve Console

Emily Friesen

Laura Mattiacci

Defendant's Attorney:

Anjanette Cabrera

Description: Newark, NJ - Jury Awards Former Lockheed Martin Employee $50 Million In Damages

Former Lockheed Martin engineer Robert Braden sued sued his former employer on a civil rights violation theory under 42 U.S.C. 2000 claiming that the company discriminated against because of his age.

Plaintiff claimed that Lockheed Martin had a practice of laying off older workers and hiring younger workers for the same positions. He held the title of project specialists, senior staff at Lockheed Martin's Moorestown facility. He was layed off in 2012 in a reduction in force. All of the employees layed off were over 50. At the same time, Lockheed Martin continued to hire younger workers. No reason was give for Mr. Braden's loss of employment. He had been a Lockheed Martin employee since 1995 and had worked at the Moorestown facility for various companies since 1984.

Docket Entries Make in 2017:

Date Filed # Docket Text
01/05/2017 71 TEXT ORDER. The Court will conduct an in-person conference on Thursday, January 19, 2017 at 2:30 p.m. to address various trial issues. In the event this matter settles, the parties shall promptly notify the Court. So Ordered by Judge Renee Marie Bumb on 01/05/17. (Bumb, Renee) (Entered: 01/05/2017)
01/06/2017 72 MOTION in Limine to Exclude Certain Evidence and Testimony by LOCKHEED MARTIN CORPORATION. (Attachments: # 1 Brief In Limine to Exclude Certain Evidence and Testimony, # 2 Exhibit A)(CABRERA, ANJANETTE) (Entered: 01/06/2017)
01/06/2017 73 Exhibit to 72 Motion in Limine by LOCKHEED MARTIN CORPORATION. (CABRERA, ANJANETTE) (Entered: 01/06/2017)
01/06/2017 74 Proposed Voir Dire by ROBERT BRADEN. (CONSOLE, STEPHEN) (Entered: 01/06/2017)
01/06/2017 75 Proposed Jury Instructions by ROBERT BRADEN. (CONSOLE, STEPHEN) (Entered: 01/06/2017)
01/06/2017 76 MOTION in Limine to Bifurcate the Issues of Liability and Damages at Trial by LOCKHEED MARTIN CORPORATION. (Attachments: # 1 Brief In Limine to Bifurcate the Issues of Liability and Damages at Trial, # 2 Text of Proposed Order)(CABRERA, ANJANETTE) (Entered: 01/06/2017)
01/06/2017 77 Proposed Jury Instructions by LOCKHEED MARTIN CORPORATION. (CABRERA, ANJANETTE) (Entered: 01/06/2017)
01/06/2017 78 Exhibit to 77 Proposed Jury Instructions by LOCKHEED MARTIN CORPORATION. (CABRERA, ANJANETTE) (Entered: 01/06/2017)
01/06/2017 79 TRIAL BRIEF (Plaintiff's Proposed Verdict Sheet) by ROBERT BRADEN. (CONSOLE, STEPHEN) (Entered: 01/06/2017)
01/06/2017 Setting Deadlines as to 72 MOTION in Limine to Exclude Certain Evidence and Testimony, 76 MOTION in Limine to Bifurcate the Issues of Liability and Damages at Trial. Motions set for 1/23/2017 @9:00 AM in Camden - Courtroom 3D before Judge Renee Marie Bumb. (js) (Entered: 01/09/2017)
01/09/2017 80 Letter from counsel for Plaintiff. (Attachments: # 1 Text of Proposed Order)(CONSOLE, STEPHEN) (Entered: 01/09/2017)
01/10/2017 81 Letter from Counsel for Defendant. (CABRERA, ANJANETTE) (Entered: 01/10/2017)
01/11/2017 82 TEXT ORDER. This matter is before the Court upon Defendant`s request to waive the appearance of Local Counsel [Docket No. 81]. The Court respectfully requests that Local Counsel attend the trial of this matter. So Ordered by Judge Renee Marie Bumb on 01/11/17. (Bumb, Renee) (Entered: 01/11/2017)
01/11/2017 83 Substitution of Attorney - Attorney MEGAN KNOWLTON BALNE terminated. Attorney EMILY ROSE DERSTINE FRIESEN for ROBERT BRADEN added.. (BALNE, MEGAN) (Entered: 01/11/2017)
01/13/2017 84 RESPONSE in Opposition filed by ROBERT BRADEN re 76 MOTION in Limine to Bifurcate the Issues of Liability and Damages at Trial (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(CONSOLE, STEPHEN) (Entered: 01/13/2017)
01/13/2017 85 RESPONSE in Opposition filed by ROBERT BRADEN re 72 MOTION in Limine to Exclude Certain Evidence and Testimony (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(CONSOLE, STEPHEN) (Entered: 01/13/2017)
01/17/2017 86 Letter from Anjanette Cabrera Enclosing Trial Exhibit List and Witness List. (Attachments: # 1 Exhibit)(CABRERA, ANJANETTE) (Entered: 01/17/2017)
01/17/2017 87 Letter from Counsel for Plaintiff. (Attachments: # 1 Exhibit Plaintiff's Trial Exhibit List, # 2 Exhibit Plaintiff's Witness List)(CONSOLE, STEPHEN) (Entered: 01/17/2017)
01/19/2017 88 Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney KATHERINE CHARBONNIER OELTJEN terminated. (OELTJEN, KATHERINE) (Entered: 01/19/2017)
01/20/2017 89 Minute Entry for proceedings held before Judge Renee Marie Bumb: Status Conference/Motion Hearing held on 1/19/2017. Hearing on 72 MOTION in Limine to Exclude Certain Evidence and Testimony filed by LOCKHEED MARTIN CORPORATION. Ordered motion granted in part, dismissed as moot and reserved in part. Hearing on 76 MOTION in Limine to Bifurcate the Issues of Liability and Damages at Trial filed by LOCKHEED MARTIN CORPORATION. Ordered motion denied. Order to be entered. (Court Reporter Ted Formaroli) (ar1, ) (Entered: 01/20/2017)
01/20/2017 90 Letter from Counsel for Plaintiff. (CONSOLE, STEPHEN) (Entered: 01/20/2017)
01/20/2017 91 Letter from Counsel for Defendant. (Attachments: # 1 Brief)(CABRERA, ANJANETTE) (Entered: 01/20/2017)
01/20/2017 92 Letter from Counsel for Plaintiff. (CONSOLE, STEPHEN) (Entered: 01/20/2017)
01/23/2017 93 Minute Entry for proceedings held before Judge Renee Marie Bumb: Jury Trial began on 1/23/2017. Rahul Munshi, Esquire opens for plaintiff. Rodrick D. Holmes, Esquire opens for defendant. Trial w/jury adjourned until Tuesday, January 24, 2017 at 9:00 a.m. (Court Reporter: Ted Formaroli) (js) (Entered: 01/23/2017)
01/24/2017 94 Minute Entry for proceedings held before Judge Renee Marie Bumb: Jury Trial held/continued on 1/24/2017. Stipulation between the parties placed on the record. Hearing on motion for judgment as a matter of law under Rule 50(b) by defendant. Hearing on motion for judgment as a matter of law under Rule 50(a) by plaintiff. Ordered motions denied. Trial w/jury adjourned until Wednesday, January 25, 2017 at 9:00 a.m. (Court Reporters: Ted Formaroli, Lisa Marcus, Carl Nami, Jr. and Karen Friedlander.) (js) (Entered: 01/25/2017)
01/25/2017 96 Minute Entry for proceedings held before Judge Renee Marie Bumb: Jury Trial held/continued on 1/25/2017. Trial w/jury adjourned until Thursday, January 26, 2017 at 8:30 a.m. (Court Reporters: Ted Formaroli, Lisa Marcus and Karen Friedlander) (js) (Entered: 01/27/2017)
01/26/2017 95 OPINION FILED, Re: 91 Letter, 90 Letter. Signed by Judge Renee Marie Bumb on 1/26/17. (js) (Entered: 01/26/2017)
01/26/2017 97 Minute Entry for proceedings held before Judge Renee Marie Bumb: Jury Trial continued/completed on 1/26/2017. Verdict: in favor for plaintiff in the amount of $520,000.00 for lost wages and benefits. In favor of plaintiff in the amount of $520,000.00 for emotional distress. Trial w/jury continued before the Honorable Renee Marie Bumb for punitive damages. Verdict: in favor for plaintiff in the amount of $50,000,000.00 for punitive damages. Ordered jury discharged; jury discharged. Ordered exhibits returned to counsel; exhibits returned to counsel. Ordered plaintiff to submit a judgment within 5 days. (Court Reporters: Ted Formaroli, Lisa Marcus and Karen Friedlander) (js) (Entered: 01/27/2017)
01/26/2017 98 Final Jury Instructions. (js) (Entered: 01/27/2017)
01/26/2017 99 Certification of Evidence. (js) (Entered: 01/27/2017)
01/26/2017 100 Jury Note # 1 (Redacted).(C-1) (js) (Entered: 01/27/2017)
01/26/2017 101 Jury Note #1 (Unredacted).(C-1)(js) (Entered: 01/27/2017)
01/26/2017 102 RESPONSE to Jury Note # 1 by Judge Renee Marie Bumb, U.S.D.J.(C-2) (js) (Entered: 01/27/2017)
01/26/2017 103 Judge Bumb's Note to Jury and Response.(C-3) (js) (Entered: 01/27/2017)
01/26/2017 104 JURY VERDICT SHEET (Redacted). (js) (Entered: 01/27/2017)
01/26/2017 105 JURY VERDICT SHEET (Unredacted). (js) (Entered: 01/27/2017)
01/26/2017 106 Jury Charges as to Punitives. (js) (Entered: 01/27/2017)
01/26/2017 107 JURY VERDICT SHEET(Punitive Damages) (Redacted). (js) (Entered: 01/27/2017)
01/26/2017 108 JURY VERDICT SHEET(Punitive Damages) (Unredacted). (js) (Entered: 01/27/2017)

Outcome: Plaintiff's verdict for $520,000 in compensatory damages and $50 million in punitive damages.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's comment: The verdict rendered will not likely withstand post trial attack.