Opinion
Civil Action 14-3393
07-26-2022
ORDER
EDUARDO C. ROBRENO, J.
AND NOW, this 26th day of July, 2022, upon consideration of the parties' post-trial motions (ECF Nos. 228, 229, 231, 235), it is hereby ORDERED as follows:
1. Defendant's Motion for Leave to File a Reply (ECF No. 235) is GRANTED.
2. Defendant's Motion for Post-Trial Relief (ECF No. 231) is GRANTED in part and DENIED in part. Pursuant to that motion, Defendant's request for judgment as a matter of law on Plaintiff's breach of contract claim related to access to and use of the unit is GRANTED. The award of compensatory damages set forth in the judgment in the amount of $2,468,699 will therefore be reduced by $695,000. All other relief requested in Defendant's motion (ECF No. 231) is DENIED.
3. Plaintiff's motions to Amend/Correct the Judgment and for Costs and Interest (ECF Nos. 228, 229) are GRANTED
in part and DENIED in part as follows:
a. Plaintiff's request to add prejudgment interest to the judgment is DENIED;
b. Plaintiff's request to add post-judgment interest is GRANTED; and
c. Plaintiff's request to add statutory costs is GRANTED in the amount of $3,376.08.
4. An amended judgment in the amount of $1,777,075.08, consisting of $1,773,699.00 in compensatory damages and $3,376.08 in costs pursuant to 28 U.S.C. § 1920, plus post-judgment interest pursuant to 28 U.S.C. § 1961, will follow.
5. The Clerk of Court is directed to CLOSE this case.
AND IT IS SO ORDERED.