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MCELRATH v. KEMP

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


November 21, 1989

CAROL A. McELRATH, Plaintiff,
v.
JACK KEMP, Secretary, Dept. of Housing and Urban Development, Defendant

Stanley Sporkin, United States District Judge.

The opinion of the court was delivered by: SPORKIN

MEMORANDUM OPINION

STANLEY SPORKIN, UNITED STATES DISTRICT JUDGE

 This Court heard testimony in the above captioned matter on March 20 and 21 of 1989 regarding plaintiff's motion for preliminary injunction. On March 22, 1989, this Court issued a preliminary injunction against the Department of Housing and Urban Development ("HUD") requiring the agency to reinstate the plaintiff on a leave-without-pay basis while she sought treatment for her alcohol problem. 714 F. Supp. 23. The terms of the preliminary injunction also required HUD to reinstate plaintiff in her former position once she demonstrated through medical testimony that she was fit for duty. On September 26, 1989, a hearing was held in which such medical testimony was offered. In fact, HUD's own physician testified that plaintiff was fit for duty. Accordingly, this Court found that plaintiff was fit for duty and ordered HUD to reinstate her. Presently, plaintiff continues to participate in an aftercare treatment program and based upon information received by this Court as of November 14, 1989, plaintiff is performing admirably in her position and she has not suffered a relapse.

 Since there is no further relief that need be ordered except for a determination as to the appropriate amount of attorney's fees that are due plaintiff's counsel and in light of the prior record generated in this case, this Court finds that a final judgment can be entered in favor of plaintiff. The fee issue will be addressed in a separate hearing before this Court. Additionally, the Court is of the impression that neither the plaintiff nor the defendant is requesting that any further proceedings be held. *fn1" It appearing that there is no need to further amplify the record through the receipt of additional evidence, I am prepared to make permanent the preliminary injunction that was issued on March 22, 1989, and to set a hearing date to consider the matter of attorney's fees. This Court will retain jurisdiction over this case to provide such other and further relief that it deems to be appropriate.

 An appropriate order accompanies this opinion.

 Dated: November 21, 1989

 ORDER - November 21, 1989, Filed

 In accordance with the opinion issued this date in the above captioned matter, it is hereby

 ORDERED that the preliminary injunction issued by this Court on March 22, 1989, shall become permanent, and it is

 FURTHER ORDERED that the defendant shall pay plaintiff's counsel appropriate attorney's fees. A hearing on the amount of said fees is scheduled for January 5, 1989, at 11:00 a.m. in Courtroom 17, and it is

 FURTHER ORDERED that this Court shall retain jurisdiction over this matter to provide such other and further relief that it deems to be appropriate.

 Dated: November 21, 1989


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