Telitha Clements v. Prudential Protective Services

659 F. App'x 820
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 3, 2016
Docket15-1603
StatusUnpublished
Cited by4 cases

This text of 659 F. App'x 820 (Telitha Clements v. Prudential Protective Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Telitha Clements v. Prudential Protective Services, 659 F. App'x 820 (6th Cir. 2016).

Opinion

SILER, Circuit Judge.

A jury found that Prudential Protective Services, LLC (“Prudential”), violated former employee Telitha Clements’s rights under the Family and Medical Leave Act (“FMLA”). In addition to the damages the jury awarded, the district court granted Clements pre- and post-judgment interest, liquidated damages, attorneys’ fees, and costs. On appeal, Prudential argues that one of its witnesses was improperly excluded, that Clements’s counsel misrepresented certain testimony during closing arguments, that liquidated damages should not have been granted, and that the district court awarded unreasonable attorneys’ fees. For the reasons explained below, we AFFIRM.

I.

For a number of years, Clements worked as a security guard in the New Center buildings—a complex located in Detroit—and was supervised by Lamont Lively. In 2006, Prudential, a security services provider, became Clements’s employer. In 2009, Clements was pregnant with her second child. Through Lively, she took leave in late May 2009, and the child was born in early June 2009. Six weeks later, Clements attempted to contact Lively to return to work, but he was absent. When she reached him, he informed her that there were no openings available for a *822 position at the New Center buildings because of a reduction in the number of employees assigned there.. Because she had not been able to return to work, she applied for unemployment benefits in July 2009, and, in June and July of 2009, she requested and obtained a completed leave of absence form from Prudential so that she could receive credit card insurance benefits. In August, however, Prudential did not provide the form and, instead, tendered a letter stating that Clements had been laid off.

After receiving a right-to-sue letter from the EEOC, Clements filed this action in 2011, claiming, among other things, that Prudential’s actions interfered with her FMLA rights. The district court granted summary judgment in favor of Prudential, but this court unanimously reversed. Clements v. Prudential Protective Servs., LLC, 556. Fed.Appx. 392, 396 (6th Cir. 2014). After a trial, a jury returned a verdict in favor of Clements and awarded her $31,000.00 in compensatory damages.

Following the verdict, Clements moved for attorneys’ fees, costs, pre-judgment interest, post-judgment interest, and liquidated damages. The district court awarded $2,617.90 in pre-judgment interest; $31,000.00, plus interest, in liquidated damages; $77,233.50 in attorneys’ fees; and $4,228.43 in costs. The court also awarded post-judgment interest at 0.23%. This appeal followed.

II.

On appeal, Prudential raises four arguments. First, it claims that the trial court erred in excluding a witness. Second, Prudential contends that the district court should have instructed the jury that a discussion of portions of Lively’s testimony by Clement’s counsel during closing arguments was incorrect. Third, Prudential maintains that the attorneys’ fee award was excessive. Fourth, Prudential argues that the district court should not have awarded liquidated damages. None of these arguments provides a basis for reversal.

A.

1.

At trial, Prudential attempted to call Jodi Hohman, the owner and manager of another security company, to the stand to testify that, “given [Clements’s] experience and skill level in the security business, ... she would have been very easily employable had she sought out security work.” However, Prudential did not disclose Hohman as a potential witness in the company’s pre-trial witness list. Nonetheless, Prudential claimed that Hohman could be admitted as a “rebuttal witness” on the issue of mitigation, in response to Clements’s testimony “that she was seeking out work.” After explaining that evidence Prudential offered during its casein-chief would not be “rebuttal” evidence, the district court found that Hohman could not testify as a rebuttal witness unless Clements’s counsel reopened the issue of mitigation after Prudential presented its' case. On appeal, Prudential contends that the trial court erred in this decision,

2.

We generally review a district court’s evidentiary rulings, including its decision to exclude an untimely disclosed witness, for abuse of discretion. See U.S. ex rel. TVA v. 1.72 Acres, of Land in Tenn., 821 F.3d 742, 752 (6th Cir. 2016) (citing Harris v. J.B. Robinson Jewelers, 627 F.3d 235, 240 (6th Cir. 2010)).

3.

Rule 26(a)(3)(A)® of the Federal Rules of Civil Procedure requires each party, as *823 a part of its pretrial disclosures, to provide the “the name ... of each witness,” including “those the party expects to present and those it may call if the need arises,” unless the witness is offered “solely for impeachment.” Rule 87 dovetails with this requirement: “If a party fails to ... identify a witness as required by Rule 26(a) ..., the party is not allowed to use that ... witness to supply evidence ... at a trial, unless the failure was substantially justified or is harmless.” Fed. R. Civ. P. 37(c)(1); see also Taylor v. Thomas, 624 Fed.Appx. 322, 329 (6th Cir. 2015).

Prudential claims that Hohman should have been permitted to testify—even though she had not been disclosed on Prudential’s witness list—“as a rebuttal witness regarding [Clements’s] employability in the security industry” because, during her case-in-chief, Clements “testified as to the alleged lengths she went to obtain employment.” According to Prudential, Hohman’s testimony would have shown that “had [Clements] applied for employment with another security company, she would likely have been employed immediately.” As a result, Prudential contends, had Hohman testified, “the jury would have returned a verdict far less than $31,000.00 by noting that [Clements] failed to properly mitigate her own damages.”

Even assuming (as the parties have) that a rebuttal witness need not be disclosed before trial, Prudential has not shown that the district court abused its discretion. “Parties are ‘expected to present all of their evidence in their case in chief,’ and ‘[a]llowance of a party to present additional evidence on rebuttal depends upon the circumstances of the case.’ ” Stanley v. Cottrell, Inc., 784 F.3d 454, 461 (8th Cir. 2015) (alteration in original) (quoting Gossett v. Weyerhaeuser Co., 856 F.2d 1154, 1156 (8th Cir. 1988)). Though Prudential nominally referred to Hohman as a “rebuttal witness,” it sought to introduce her testimony as part of its case-in-chief. The district court did not permit this because Prudential failed to disclose Hohman as a witness, but the court specifically left open the possibility that Prudential could introduce Hohman as part of any sur-rebuttal proof if Clements chose to make a rebuttal. Prudential has cited no authority suggesting that a party may introduce “rebuttal” evidence during its case-in-chief.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Motley v. Metro Man I, Inc.
E.D. Michigan, 2023
Amos v. NVR INC.
S.D. Ohio, 2023
Esler v. Sylvia-Reardon
113 N.E.3d 935 (Massachusetts Appeals Court, 2018)
House v. PLD Transport, Inc.
W.D. Arkansas, 2018

Cite This Page — Counsel Stack

Bluebook (online)
659 F. App'x 820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/telitha-clements-v-prudential-protective-services-ca6-2016.