Opinion
2:22-cv-01850-FLA (RAOx)
04-29-2024
KIWIJET, INC., Plaintiff, v. DELPHIC AIRWAYS CARGO TRANSPORTATION PC, et al., Defendants.
ORDER MODIFYING JUDGMENT [DKT. 45]
FERNANDO L. AENLLE-ROCHA UNITED STATES DISTRICT JUDGE
ORDER
On March 29, 2024, the court entered Judgment in Plaintiff Kiwijet, Inc.'s (“Plaintiff”) favor in the principal amount of $4.14 million. Dkt. 44 at 10. Plaintiff was granted leave to submit additional documents calculating the appropriate amount of prejudgment interest pursuant to 28 U.S.C. § 1961 and setting forth the grounds for its request for costs. Id. On April 9, 2024, Plaintiff filed the Supplemental Declaration of Eric Bensamochan Regarding Prejudgment Interest (“Bensamochan Declaration”). Dkt. 45.
First, Plaintiff requests costs of $402, to reflect the filing fee paid for bringing this action. Id. at 2, ¶ 5. These costs are recoverable under Local Rule 54-3.1.
Second, Plaintiff requests prejudgment interest of $446,762.45, which reflects prejudgment interest on principal damages of $4.14 million, from the filing date of the Complaint (March 21, 2022) until the date of the Judgment (March 29, 2024), at an annual rate of 5.33%. Dkt. 45 at 2-3, ¶¶ 6-8. Interest under 28 U.S.C. § 1961(a) “shall be calculated from the date of the entry of the judgment, at a rate equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding[] the date of the judgment.” The published weekly average 1-year constant maturity Treasury yield for the week of March 22, 2024 was 5.02% per annum. Plaintiff, thus, is entitled to $589.81 in daily interest and total prejudgment interest of $420,211.13.
Accordingly, the court AWARDS Plaintiff principal damages of $4.14 million, prejudgment interest of $420,211.13, and costs of $402, for a total award of $4,560,613.13, and AMENDS the Judgment (Dkt. 44) to reflect these figures.
IT IS SO ORDERED.