Free Reply - District Court of Arizona - Arizona

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judgment interest; namely, (a) whether prejudgment interest would apply, (b) if prejudgment interest did apply, the rate of such interest, or (c) if prejudgment interest applied, the date on which such interest would commence to run. Instead, after setting forth its findings and conclusions, the Court stated as follows: Accordingly, it is ordered granting Plaintiffs' motion for summary judgment, the same to be in accordance with a formal written judgment to be prepared and filed herein by Plaintiff and approved as to form by counsel for the Defendant. (Reporter's Transcript; Hearing on Plaintiffs' Motion for Summary Judgment; November 1, 2005.) On November 7, 2005, Plaintiffs' counsel served Defendant with a proposed form of judgment which provided, in part, for the award of "prejudgment interest in the amount of $______ for a total judgment of $_____with interest thereon at the rate of _____percent as provided by law, and their costs of action." On November 21, 2005, the Court entered judgment in a somewhat different form which, in pertinent part, provided for the award of the principal sum, "plus interest applied thereon from December 8, 2001, until judgment is paid at such rate or rates as may lawfully apply." Prudential and Plaintiffs agree that the November 21, 2005 judgment should be altered and/or amended in accordance with Fed. R. Civ. P. 59. Specifically, the parties agree that the judgment should be altered and/or amended to state a designated rate of interest which will apply to and determine the amount of prejudgment interest awarded by the Court. The parties differ as to what rate of interest should be so specified. The parties also differ with respect to the date on which any prejudgment interest should commence to run. Plaintiffs argue, correctly, that Prudential's response to Plaintiffs' motion was filed on December 23, 2005 instead of on December 22, 2005. The calendaring error is acknowledged. It is respectfully submitted that no prejudice has resulted to any party or that

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Case 2:04-cv-00571-RGS

Document 53

Filed 12/28/2005

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