Real
Real v. Continental Group, Inc.
Opinion
Opinion
Gordon, J.
DECISION and ORDER
BACKGROUND
In April 1985, I presided over the jury trial of Mr. Real’s age discrimination action against his former employers, The Continental Group, Inc. and Continental Can Company. At the close of the plaintiff’s case, I directed a verdict for the defendants on the plaintiff's common law contractual claims. Ultimately, however, Mr. Real prevailed; the jury found for the plaintiff with respect to his remaining claims arising under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 , et seq. and a parallel California statutory provision, California Fair Employment and Housing Act (FEHA), Cal.Govt.Code § 12941. The jury returned a verdict in the amount of $265,-820 in backpay and liquidated damages for willful discrimination.
A number of post-trial cross motions were filed. In resolving these motions, I offered the plaintiff the alternative of a new trial or a remittitur of the jury award for all damages in excess of $50,000. See Real v. Continental Group, 627 F.Supp. 434 (N.D.Cal.1986). The plaintiff consented to the offer of remittitur on February 6, 1986.
Now before me is the plaintiff’s motion for an award of attorneys’ fees and costs. The…