IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02557-CMA-CBS

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

v.

BEVERAGE DISTRIBUTORS COMPANY, LLC,

Defendant.

SECOND AMENDED FINAL JUDGMENT

In accordance with the orders filed during the pendency of this case, and

pursuant to Fed. R. Civ. P. 58(a), the following Final Judgment is hereby entered.

Commencing on April 8, 2013, this action was tried before a jury of ten duly

sworn to try the issues herein with U.S. District Judge Christine M. Arguello presiding. 

On April 12, 2013, the jury rendered its verdict:

 Plaintiff EEOC proved, by a preponderance of the evidence, the three elements

of claims of disability discrimination.

Pursuant to the Order Granting Plaintiff’s Motion for Judgment as a Matter of Law

and Motion for Injunctive Relief of Judge Christine M. Arguello entered on December 9,

2013, it is

ORDERED that: 

(1) The jury’s damages award of $29,543.25 for back pay is VACATED; 

(2) The Clerk shall enter judgment in favor of Plaintiffs in the amount of

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$132,347.00 for back pay, plus pre-judgment interest accruing at a rate of 8 percent per

 annum compounded annually from March 31, 2008, the date of Mr. Sungalia’s

 separation from Beverage Distributors; 

(3) Mr. Sungaila shall be reinstated to the position of Night Warehouse Loader

 with the same seniority he would have had if he had not been terminated; 

(4) Beverage Distributors shall engage an outside consultant to provide

employee training and assistance in revisions to its policies, updates to its job

 postings, notice posting, and reporting and compliance review. Beverage Distributors

 shall report its compliance with this order to the Court within six months of this order. 

Pursuant to the Joint Stipulation Regarding Pre-Judgment Interest and Tax

 Penalty Offset the Amended Judgment entered on 4/15/2013 is amended to

 incorporate the following terms: 

(a) With respect to the calculation of eight percent ( 8%) pre-judgment

interest on back pay award of $132,347.00 from March 31, 2008 through 

March 14, 2014, the parties stipulate that the amount of interest for that

precise time period is $35,143.08.

(b) The parties stipulate that the corresponding amount tax penalty offset 

is $18, 805.00. 

(c) Therefore, the total back pay award, including pre-judgment interest

and tax penalty offset, is $186,295.08.

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Accordingly, IT IS ORDERED that judgment is entered in favor of Plaintiff Equal

Employment Opportunity Commission and against Defendant Beverage Distributors

Company, LLC. Post-judgment interest shall accrue on the judgment amount awarded

at the rate of 0.12 % from the date of entry of judgment, pursuant to 28 U.S.C. § 1961.

Dated at Denver, Colorado this 27th day of March, 2014

FOR THE COURT:

JEFFREY P. COLWELL, CLERK

s/Sandra Hartmann

Sandra Hartmann

Deputy Clerk

APPROVED BY THE COURT

________________________

Christine M. Arguello

United States District Judge

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