Free Motion to Amend/Correct - District Court of Arizona - Arizona

Stephen A. U'Ren, #004387
3030 S. Rural Road, Suite 114
Tempe, AZ 85282
(480) 838-6566
UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
RONALD HERBERT PERRIN and the NO. CIV 04 0571 PHX RGS
ESTATE OF LUCY MILDRED PERRIN
through RONALD HERBERT PERRIN, MOTION TO ALTER OR
Personal Representative, AMEND JUDGMENT
Plaintiffs,
vs.
THE OFFICE OF SERVICEMEMBERS
GROUP LIFE INSURANCE, a
subsidiary of the PRUDENTIAL
INSURANCE COMPANY OF
AMERICA, a corporation.
Defendant.
Plaintiffs through counsel hereby move this Court pursuant to Rule 59(e) of the
Federal Rules of Civil Procedure to alter or amend the judgment in this case to reflect
the rate of interest applicable. This Motion is supported by the following Memorandum
of Points and Authorities.
DATED this 5th day of December, 2005.
By /s Stephen A. U'Ren
Stephen A. U’Ren
Attomey for Plaintiffs
Case 2:04-cv-00571-RGS Document 50 Filed 12/05/2005 Page 1 of 3

MEMORANDUM OF POINTS AND AUTHORITIES
After the Court announced its decision granting Plaintiffs' Motion for Summary
Judgment, Plaintiffs made a motion for an award of pre-judgment interest. Defendant
opposed the motion and challenged the award, the beginning date and the rate of
interest. On November 21, 2005, this Court entered judgment for Plaintiffs in the
principal amount "plus interest applied thereon from December 8, 2001 until judgment
is paid at such rate or rates as may lawfully apply."
Ordinarily when a judgment is entered it is done so by the Clerk of the Court and
the Clerk enters the rate of interest then applicable to federal judgments (Rule
58(a)(2)(A); 28 U.S.C. §l96l).
Here because the Court needed to determine the issue of pre-judgment interest in
order to enter judgment, the Court signed the judgment but the rate of interest is not
entered.
Plaintiffs requested Defendant's agreement on the rate of interest but we have not
been able to obtain it. The issue of the proper rate to apply has been thoroughly briefed
by the parties in their pleadings on the issue of pre-judgment interest.
Under both federal statute, 28 U.S.C. §l96l and 9th Circuit case law, In Re:
Nucorp Energy Inc. v. Fredman, 902 F.2d 729 (9th Cir. 1990) the rate of interest to be
applied is the federal rate immediately prior to the date of judgment. That rate was
4.34% immediately prior to this judgment. In addition the interest is to be
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compounded. In Re: Southland + Keystone v. PACA, 132 B.R. 632 (9th Cir. BAP
199 1).
CONCLUSION
Plaintiffs request that this Court enter an amended or altered judgment that states
that the rate of interest applied shall be 4.34% compounded annually.
Respectfully submitted this 5th day of December, 2005.
By /s Stephen A. U'Ren
Stephen A. U’Ren
Attorney for Plaintiffs
Filed electronically this 5th day of December, 2005.
Courtesy copy of the foregoing delivered
this 5th day of December, 2005 to:
Honorable Roger G. Strand
Judge of the District Court
Sandra Day O'Connor US Courthouse, Ste. 622
401 W. Washington St. SPC 57
Phoenix AZ 85003-2156
By /s Stephen A. U'Ren
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