Free Motion to Alter Judgment - District Court of Delaware - Delaware

Case 1:05-cv-00176-G|\/IS Document 55-2 Filed 10/25/2007 Page 1 014
EXHIBIT 1

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Case 1:05-cv-00176-G|\/IS Document 55 2 Flled 1
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HARVEY GREEN BERG mgmm mggojma 7¤¤
TEE: 4:10.BEB.SB277' FAX; 410.3;-3:3,09;;;
" October 3, 2007 _
VIA FACSIMILE-— 302 778-6016
AND FIRST CLASS MAIL ' '
Gregory A. Insldp. Esquire
Potter, Anderson & Coxroon LLP
1313 North Market Street
PO BOX 951
Wilmington, DE 19899-0951
Re: IDRT v. Wal-Mart A
_ Case No. 05-176-GMS
(U.S. District Ct. for Delaware) `
Dear Mr. Inskip:
This letter follows up our telephone conversation of today, October 3, 2007,
with respect to the above case.
As I indicated, I carefully reviewed (and re—reviewed) the Court's Memorandum
and Order issued in the above case on September 25, 2007. I also reviewed the
submissions in the nnal Pre-trial Order, pg. 3, 1] 3(g) (Exhibit 1); the Plaintilfs
"Proposed Findings of Fact and Conclusions of Law", pg. 33, it 18 — 21 (Exhibit 2); a
letter from you to me dated May 19, 2006 and attached Stipulation in which we agreed
to a credit of $28,292.01 (Exhibit 3). The credit was included in the Courts
Memorandum, pg;. 19, it 2. As a result of my review and analysis, I started with the
amount that was due to be paid by Wal-Mart as of March 27, 2003 ; that is, $174,29957.
The Courts Memoranclum redects that the additional compensation based on the phase
‘ contract price of Phase 11 was to be reduced by the credit and accordingly, I have
reduced the amount of $174,299.5 7 by the credit, before application of interest. The
balance that remained unpaid as of March 27, 2007 is $146,00755. _
According to the contract, the parties agreed to 8% interest per on the
unpaid balance and the date o1'Marcl1 27, 2003 retleots the time at which interest began
to accrue. At simple interest of 8%, the annual interest on the balance of $146,007.55 is
$11,680.60 each year. Between March 27, 2003 and March 27, 2007, four (4) complete
years of interest payments have accrued or $46,722.27. Between March 27, 2007 and

Case 1:05-cv-00176-Gl\/IS Document 55-2 Filed 10/25/2007 Page 3 of 4
' ` LAW OFFICES OF
· _ HARVEY
° Gregory Inskip, Esquire ‘ ` `F `· Z
October 3, 2007
Page 2
September 27, 2007, another $5,840.30 in interest has accrued. Accordingly, up to and l
through September 27, 2007, the Judgment should be in the amount of $198,570.26
(including interest through September 27, 2007).
The per diem interest rate is $32.00 per day, but assuming Wal·Ma.rt were to
make an immediate payment, we can use the amount stared hcre as the amount to be
paid on the Judgment, plus costs.
The Order that I received ttom Pat Uhleubrock stated that for the reasons in the
. Memorandum, the Court shall enter Judgment in favor of IDRT against Wal-Mart on
IDRT's contract claim. I understand that you have received from the Clerk's office a

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Case 1:05-cv-00176-G|\/IS Document 55 2 Flled 1
' J LAW OFFICES OF
‘ _ HARVEY GREENBERG
` - Gregory Insk.ip,.Esquire .
October 3, 2007 ·
Page 3
Judgment which reiterates that language; however, like the Order, no amount is
included. (Please send me a copy of the Judgment) The Judgment does not include a
monetary amount. In my view, it would make sense to have a Judgment that speciiies
the amount of the Judgment, the interest rate and the costs. In fact, it would seem 1:0 me
that Wal-Mart would want such a Judgment, so when paid, there is no question what
amount is covered by a Satisfaction of J`udg,tuent which IDRT will sign, when payment
_ is made. Indeed, it seems tiling a "Satisfaction of Judgment" should be predicted upon
the Court record reflecting the judgment amount that is satistied. However, if Wal-Man
pays the amount stated herein within the time stated herein, _1DRT will tile a J
"Satisfaction of Judgment" when the check clears. We leave the decision of tiling an
Amended Judgment with a Stipulated amount up to you and Wal-Mart-
A H ey Green g Aj
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Enclosure {
c: Patricia Uhlenbrock, Esquire ax: 302—8·8·8»-6899*-)* ¢';_'L¢!. V’l*l[“(’°/"/"’
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