Free Bill of Costs - District Court of Delaware - Delaware



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ff, J an Kopacz, respectfully moves the Court for an Order awarding him Pre- Judgment interest in the judgment entered on February 15, 2006 pursuant to the jury’s verdict rendered on February 13,2006 and in support thereof avers as follows: 1. Prcjudgment interest "must be allowed if plaintiff is to be truly made whole for defendant’s breach of its

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Case 1 :04-cv-00911-GIVIS Document 145 Filed O3/07/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAN ROPACZ and JAN KOPACZ, )
Administrator of the Estate of Cathy )
Kopacz, ) C.A. No. 04-911 GMS
1
Plaintiff, )
)
v. )
)
DELAWARE RIVER AND BAY )
AUTHORITY and CRAIG SWETT ) Jury Trial Demanded
)
Defendants. )

JAN KOPACZ )
)
Plaintift] ) C.A. Ne. 04-1281 GMS
)
v, )
)
DELAWARE RIVER AND BAY )
AUTHORITY )
)
Defendant. )
PETITION FOR ALLOWANCE OF
PRE-J UDGMEN T INTEREST
Plaintiff, J an Kopacz, respectfully moves the Court for an Order awarding him Pre-
Judgment interest in the judgment entered on February 15, 2006 pursuant to the jury’s verdict
rendered on February 13,2006 and in support thereof avers as follows:
1. Prcjudgment interest "must be allowed if plaintiff is to be truly made whole for
defendant’s breach of its duty to provide maintenance and cu1e." Deisler v. McCormack
Aggregates Con 54 F. 3“’ 1074, 1087 (3*** Cir. 1995).

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Case 1 :04-cv-00911-GIVIS Document 145 Filed O3/07/2006 Page 2 of 3
2. Judgment on plaintiffs claim for maintenance, cure, sick and annual leave mid
compensatory damages totaled $76,339.00 and was entered on February 15, 2006.
3. The legal rate of interest on judgments for the week ending February 17, 2006 is
4.70% according to the Office of the Clerk of this Court.
4. The obligation to pay maintenmice arose on August 9, 2002, and the judgment,
exclusive of the $47,500 in compensatory damages, was not paid until February 27, 2006.
5. Pre—judgment interest at the rate of 4.70% in the sum of $76,339.00 for the period
from August 9, 2002 to February 27, 2006 totals $12,931.83 (16.94% for the 43 months that the
obligation accrued and was unpaid). _
Wl-IEREFORE, plaintiff petitions the Court to award pre-judgment interest inthe amount
of$l2,931.S3.
1 /
. Z, VAN OGTR M S.: GREEN, P.A
/s/ _Q e n
JAMES . N, » S I. (DE04S1)
jgreen Fwsvgla om
* elaware Avenue, Suite 1500
P. O. Box 63
Wilmington, DE 19899
(302) SSS-0600
Attorneys for Plaintiffs
OF COUNSEL:
E. Alfred Smith, Esquire
E. Alfred Smith Se Associates
1333 Race Street, Second Floor
Philadelphia, PA 19107
Date: March 7, 2006

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Case 1 :04-cv-00911-GIVIS Document 145 Filed O3/07/2006 Page 3 of 3
CERTIFICATE OF SERVICE
I, JAMES S. GREEN, hereby certify that on this 7"‘ clay of March, 2006, I
electronically tiled the foregoing document with the Clerk of the Court using CM/EGF
which will send notification of such tiling to counsel of record.
PETITION FOR ALLOWANCE OF PREJUDGMENT INTEREST
fsf James S. Green
JAMES S. GREEN (ID No. 0431)
j green@svglaw.com
3709] vl

File Size: 50.9 kB
Pages: 3
Date: December 31, 1969
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State: Delaware
Category: District Court of Delaware
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