Iowa Civil Rights Commission v. Dubuque Aerie #568 of the Fraternal Order of Eagles, CVCV109534

02/07/2020
Document Text Content: 

 

 

IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY

 

IOWA CIVIL RIGHTS COMMISSION,

 

Plaintiff,

Case No. 01311 CVCV 109534

vs.

JUDGMENT

DUBUQUE AERIE #568 OF THE FRATERNAL ORDER OF EAGLES, a/k/a DUBUQUE FRATERNAL ORDER OF EAGLES NO. 568, a/k/a DUBUQUE ASSOCIATION NO. 568 OF THE FRATERNAL ORDER OF EAGLES.

 

Defendant.

 

 

 

This matter came before the court for trial on January 16, 2020. Attorney Katie Fiala appeared personally for the Iowa Civil Rights Commission. Attorney Robert Sabers appeared personallyforMichaelFishnickandPatriciaKelly.(AttorneySabershasneverfiledanappearance in this matter. He did not speak or participate in the trial.) Attorney Allan Richards appeared personally for the Dubuque Aerie #568 of the Fraternal Order of Eagles. A formal record was made,andthecourtreceivedbrieftestimonyfromThomasSteueronbehalfoftheDubuqueAerie #568.

In Dubuque County case CVCV106156, Defendant was found to have illegally discriminated against Michael Fishnick and Patricia Kelly during their employment with the local Eagles Club. The agency finding was confirmed by the District Court on February 19, 2018. Defendant appealed that decision, and the Court of Appeals affirmed on May 7, 2019. The matter was remanded for the sole purpose of determining reasonable attorney fees, including appellate attorney fees, to be awarded to Attorney Robert Sabers on behalf of Fishnick and Kelly. After hearing, the District Court awarded fees in the total amount of $38,210.25.

On July 23, 2019, the Iowa Civil Rights Commission filed a petition herein, seeking to enforce the previous order by way of judgment entry. Defendant filed an answer essentially re- asserting that no discrimination had occurred.

Pursuant to Iowa Code §216.17, the Iowa Civil Rights Commission is entitled to enforce the prior order. Accordingly, judgment is hereby entered against Defendant as follows:

         In the amount of $12,604 in favor of Michael Fishnick for lost wages and emotional distress;


Iowa Civil Rights Commission v. Dubuque Aerie #568 01311 CVCV 109534

Judgment Page 2 of 2

 

 

         Intheamountof$33,792.50infavorofPatriciaKellyforlostwagesandemotionaldistress;

         In the amount of $38,210.25 in favor of Attorney Robert Sabers for attorneyfees.

 

These judgments shall accrue interest at the rate of 3.53% per annum from the date of this judgment.

Costs are assessed to the Defendant.


 

 

 

 

 

 

 

State of Iowa Courts

 

Type:                        OTHER ORDER

 

Case Number          Case Title

CVCV109534          IOWA CIVIL RIGHTS V DUBUQUE AERIE #568

 

So Ordered

 
 

 

Electronically signed on 2020-02-07 10:52:44    page 3 of 3