Suarez v. Dearborn Orthopedic Associates

Full title: A. LEONEL SUAREZ, Plaintiff, v. DEARBORN ORTHOPEDIC ASSOCIATES, ET AL…

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Sep 15, 2005

Case No. 03-73973 (E.D. Mich. Sep. 15, 2005)

Opinion

Case No. 03-73973.

September 15, 2005

ORDER ACCEPTING IN PART AND REJECTING IN PART MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

NANCY EDMUNDS, District Judge

This matter comes before the Court on the Magistrate Judge's August 23, 2005 Report and Recommendation. Being fully advised in the premises and having reviewed the record and the pleadings, the Court ACCEPTS AND ADOPTS the Magistrate Judge's analysis and conclusion that Plaintiff's motion to reverse the Plan Administrator's decision be GRANTED, and that the Defendant's motion for summary judgment be DENIED.

In light of Defendants' objection, however, this Court rejects the Magistrate Judge's conclusion that pre- and post-judgment interest is to be compounded daily. Pursuant to 28 U.S.C. § 1961(b), such interest is to be computed daily to the date of payment and compounded annually, not daily. 28 U.S.C. § 1961(b); see also Ford v. Uniroyal Pension Plan, 154 F.3d 613, 616 (6^th Cir. 1998) (holding that statutory post-judgment framework set forth in 28 U.S.C. § 1961 is a reasonable method for calculating pre-judgment interest award).

All other objections to the Magistrate Judge's Report and Recommendation raised by Plaintiff and Defendants are overruled.

SO ORDERED.