Opinion
7:20-cv-01247-KMK
01-23-2024
THE PROIMMUNE COMPANY, LLC, a Delaware limited liability company; Plaintiff. v. HOLISTA COLLTECH LTD., an Australian corporation; and DOES 1-50, inclusive; Defendants. AND RELATED COUNTERCLAIMS.
[PROPOSED] JUDGMENT
KENNETH M. KARAS, UNITED STATES DISTRICT JUDGE
On June 14, 2021, Plaintiff/Counter-Defendant The Prolmmune Company, LLC's Motion for Summary' Judgment was filed with the Court. (ECF 48.) On March 21, 2022, the Court granted Prolmmune's Motion for Summary Judgment, and requested briefing on two remaining issues. (ECF 85.) On January 30, 2023, the Court affirmed its ruling on Prolmmune's Motion for Summary Judgment. (ECF 96.)
Having ruled that Prolmmune is entitled to judgment as a matter of law with respect to its first, second, and fourth causes of action for breach of contract, the Court also ruled that Pro lmmune is entitled to pre-judgment interest for its claims from the date of breach at 9% per annum. (ECF 114.)
Since Prolmmune is the prevailing party with respect to its fourth cause of action for breach of contract, and since the fourth contract provides for attorneys' fees, the Court further ruled that Prolmmune is entitled to its attorneys' fees for its fourth cause of action. (ECF 125)
Having considered Prolmmune's request to dismiss its third cause of action for breach of contract with prejudice, pursuant to FRCP 41(a)(2), and finding no prejudice to Holista as a result, the Court further rules that claim dismissed with prejudice.
Based on the foregoing, the Court enters judgment in favor of Prolmmune and orders:
• Prolmmune is entitled to damages in the amount of $1,198,150.00 against Holista for its first, second, and fourth claims for breach of contract. See also ECF 96.
• Prolmmune is entitled to prejudgment interest on its claims in the amount of $668,973.55. See also ECF 114.
• Prolmmune is entitled to an award of attorneys' fees in the amount of $196,017.50. See also ECF 125.
The Court enters judgment in favor of Prolmmune in the total amount of $2,063,141.05.
SO ADJUDGED.