Opinion
Case Number 08-11131-BC
08-13-2012
RONALD LOESEL, ARTHUR LOESEL, GAYLE LOESEL, ELAINE LOESEL, VALERIAN NOWAK, VALERIAN NOWAK AND ALICE B. NOWAK TRUST BY VALERIAN NOWAK, Plaintiffs, v. CITY OF FRANKENMUTH., Defendant.
Honorable Thomas L. Ludington
ORDER GRANTING MOTION FOR ASSESSMENT OF INTEREST AND
DETERMINING PRE-JUDGMENT INTEREST
On July 30, 2012, the Court ordered the parties to provide supplemental briefing explaining the appropriate amount of pre-judgment interest pursuant to the rates under 28 U.S.C. § 1961. The parties agreed that the pre-judgment interest would be $110,096.38 if the interest should be calculated from the July 30, 2012 opinion and order determining the amount of attorney fees awarded. Defendant, however, argues that pursuant to Associated General Contractors of Ohio, Inc. v. Drabik, 250 F.3d 482 (6th Cir. 2001) the Court's September 27, 2010 opinion and order is the "judgment" that entitled the prevailing party to attorney fees. 250 F.3d at 486 (concluding that post-judgment interest on an attorney fee award runs from the date the district court entered a judgment that unconditionally entitles a party to a reasonable attorney fee regardless of whether the attorney fee award has been quantified). Using this date, Defendant contends that $96,867.94 is the appropriate amount of pre-judgment interest. The Court agrees that the pre-judgment interest runs from September 27, 2010.
Accordingly, it is ORDERED that Plaintiffs' motion for assessment of interest (ECF No. 96) is GRANTED. This resolves the last pending issue and terminates the motion.
It is further ORDERED that Plaintiffs shall be paid $96,867.94 in pre-judgment interest for a total judgment of $3,887,229.44.
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THOMAS L. LUDINGTON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on August 13, 2012.
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TRACY A. JACOBS