Berwyn Capital Investments, Inc. v. Shore Venture Group, LLC

Full title: BERWYN CAPITAL INVESTMENTS, INC. v. SHORE VENTURE GROUP, LLC…

Court: United States District Court, E.D. Pennsylvania

Date published: May 1, 2006

Civil Action No. 01-cv-00691-JF (E.D. Pa. May. 1, 2006)

Opinion

Civil Action No. 01-cv-00691-JF.

May 1, 2006

MEMORANDUM AND ORDER

JOHN FULLAM, Senior District Judge

The defendants and third-party plaintiffs, and the third-party defendant have filed motions seeking to modify the judgment entered by this court on February 14, 2006. The defendant/third-party plaintiff, Shore Venture Group, LLC correctly points out that the judgment entered with respect to the second tranche of warrants should have included a greater amount for pre-judgment interest. The judgment will therefore be amended to reflect the award of pre-judgment interest at the rate of 6% per annum. Contrary the argument of third-party defendant, this court did not exercise discretion in fixing the amount of pre-judgment interest; the court simply made a mistake.

Shore Venture further contends that the third-party defendant should have been required to reimburse the third-party plaintiff for counsel fees and expenses, in connection with the second tranche of warrants. No evidence was presented on that subject, and this court has made no ruling with respect to counsel fees. The third-party plaintiff is free to seek counsel fees, by appropriate application, and third-party defendant is free to resist such application.

Third-party defendant Bitwise's motion to amend the judgment will be denied, for the reasons previously set forth in the February 14, 2006 Adjudication.

An Order follows.

ORDER

AND NOW, this 1^st day of May 2006, IT IS ORDERED:

1. The Judgment of this court entered on February 14, 2006 is AMENDED as follows:

a. Paragraph 3 of the Judgment is AMENDED to reflect the entry of Judgment in favor of plaintiff Berwyn Capital Investments, Inc. against the defendants Authentidate Holding Corp. and Authentidate, Inc. in the sum of $82,609.15.

b. Paragraph 4 of the Judgment is AMENDED to reflect the entry of judgment in favor of defendant/third-party plaintiff Shore Venture Group, LLC against the third-party defendants Authentidate Holding Corp. and Authentidate, Inc. in the sum of $82,609.15.

2. In all other respects, the motions to amend the judgment are DENIED.