583. Prejudgment interest is one of the general principals against which Congress created the ATA; as such, this Court chooses to follow its fellow North Dakota district court in LexMac Energy, L.P., and looks to North Dakota law which allows for the recovery of pre-judgment interest, in the discretion of the Court, “in every case of oppression, fraud, or malice.”LexMac Energy, L.P. v. Macquarie Bank Ltd., Case No. 4:08-cv-048 (D.N.D.), 2014 U.S. Dist. LEXIS 188438, at *127 (D.N.D. Feb. 19, 2014). N.D.C.C. § 32-03-05 (emphasis added).
However, the trial was subsequently continued until a later date, so the Court reconsidered its decision and granted the motion to strike the jury demand because the increased time to prepare for a bench trial reduced the prejudicial effect of the initially untimely motion. See LexMac Energy, L.P. v. Macquarie Bank Ltd., No. 4:08-CV-048, 2012 WL 5462658, at *1 (D.N.D. Nov. 8, 2012), aff'd sub nom. Macquarie Bank Ltd. v. Knickel, 793 F.3d 926 (8th Cir. 2015).