Daramola. Westinghouse also offered evidence to establish that Emmanuel Daramola and Almond entered and left the Westinghouse building at the same times on those days and that both were seen at the photocopiers.
3. Edward Daramola's Ownership of Semeco. At trial Emmanuel Daramola testified that he had a brother named Edward and offered into evidence an affidavit from a George O. Daramola, apparently signed in Ado Ekiti, Nigeria. In the affidavit, George Daramola declared he had two sons, Edward and Emmanuel, but that there were no records registering their births. He also declared that under tribal laws, any asset of any family member belongs to the entire family and that the oldest son is the only one permitted to claim ownership of such assets even if they were acquired by a younger person. Thus, although Semeco was a United States corporation and Emmanuel may have been the sole shareholder, officer and director, nevertheless, by the native laws and customs in Nigeria, Edward, as the oldest son, was the Chairman and Chief Executive Officer and owned the corporation. Furthermore, "whenever Edward A. Daramola was not in U.S.A., Emmanuel A. Daramola was prohibited from transacting the Business of Semeco without first consulting with Edward." Emmanuel Daramola relied on this affidavit to confirm he had a brother and to show that it was his brother who was responsible for the photocopying with Almond. He also testified that his brother was not available to corroborate his testimony because his brother was dead, and Daramola attributed his death to Westinghouse's counsel.
Through a witness called from the United States Immigration and Naturalization Service, Westinghouse established that although the United States government keeps a record of foreign nationals who enter the country, it had no record of an Edward Daramola ever entering or leaving the United States.
Following the presentation of the evidence, the jury returned a verdict in favor of Westinghouse and against Daramola on his Pennsylvania Human Relations Act claims. Upon receiving that verdict, the court found plaintiff had failed to carry his burden in showing Westinghouse had wrongfully discriminated against him on the basis of race or national origin. In reporting this decision, the court told the parties that the court found the plaintiff's testimony was not believable and was clearly untrue. Further, the court apologized to Westinghouse for a breakdown in the civil justice system that allowed Daramola's lack of truthfulness to keep this case alive for six years.
Westinghouse then moved for an award of fees incurred for work done by its trial counsel on October 3, 4, 5 and 6, 1994. It seeks an award of $ 18,027.00, for 35 hours by J.W. Montgomery, III at $ 208 an hour, for 44 hours by John D. Goetz at $ 130 an hour, for 38 hours for Ned Spells at $ 85 an hour, and for 23.75 hours for Jennifer L. Kosubinsky at $ 79 per hour.
The court may award attorney's fees to a prevailing defendant in a Title VII case under 42 U.S.C. § 2000 -e5(k) upon a finding that the plaintiffs action was frivolous, unreasonable, or without foundation, even thought not brought in subjective bad faith. Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 421, 54 L. Ed. 2d 648, 98 S. Ct. 694 (1978).
In this case, Daramola fabricated evidence and lied to the court. In doing so, he kept his false claims of discrimination and this lawsuit alive for six years, diverting the court from the truth and hindering the prompt resolution of the case. Daramola imposed a tremendous and unfair burden on Westinghouse and its employees, both with false and unfounded claims and by his willingness to lie and fabricate evidence so as to use this litigation to punish Westinghouse. Through his dishonest conduct, Daramola has caused Westinghouse to be subjected to the very type of "burdensome litigation having no legal or factual basis" from which Congress sought to protect Title VII defendants. Id. at 420.
The court finds Daramola acted in bad faith, that his claims of wrongful discrimination were without foundation, and that his claims were frivolous in that they were based on lies and false and fraudulent testimony. Consequently, the court will order Daramola to pay Westinghouse the fees it seeks. In granting this relief, the court notes that the amounts sought appear to be a small fraction of the actual fees and costs Westinghouse incurred over the past six years in defending itself in this case. The rates sought by Westinghouse are reasonable and the hours identified are fair. The court will enter an Order directing the clerk to enter judgment in favor of Westinghouse Electric Corporation and against Emmanuel A. Daramola in the amount of $ 18,027.
ORDER FOR ENTRY OF JUDGMENT
For the reasons set out by the court in the Opinion of this date,
IT IS HEREBY ORDERED that Defendant Westinghouse Electric Corporation's Motion for Attorneys' Fees is granted and the clerk is directed to enter judgment in favor of Westinghouse Electric Corporation and against Emmanuel A. Daramola in the amount of $ 18,027.
Roderick R. McKelvie
UNITED STATES DISTRICT JUDGE
January 4, 1995
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