Opinion
No. 99 C 4040
March 18, 2002
AMENDMENT TO MEMORANDUM OPINION AND ORDER
Immediately after the issuance of this Court's March 13, 2002 memorandum opinion and order ("Opinion"), which concluded with an order for judgment ("Judgment Order") to be entered in favor of Zapata Hermanos Sucesores, S.A. ("Zapata") and against Hearthside Baking Co., Inc. d/b/a Maurice Lenell Cooky Co. (Thenell") in the aggregate sum of $485,066.33, counsel for Zapata tendered a motion under Fed.R.Civ.P. ("Rule") 60 (a) to correct the amount of the Judgment Order. At the conclusion of the evidentiary hearing Zapata's counsel had tendered a revised calculation in tabular form (its Fee Ex. 6), which set out Zapata's calculation on an invoice-by-invoice and day-by-day basis for compound interest through each of the first 15 days of March 2002 — a calculation that this Court took (as it certainly appeared to be) as reflecting Zapata's total damages claim.
But as Zapata's Rule 60(a) motion sets out, that presentation was misleading because of its having omitted a portion of Zapata's principal claim on which interest has not accrued (because Zapata had not yet paid the last portions of its attorneys' billings in full — see Judgment Order at 11-12). Because Zapata's motion explains that error satisfactorily (and because Lenell's counsel has confirmed telephonically that no objection exists in that respect), this Court grants the Rule 60(c) motion. Accordingly the Judgment Order is amended to call instead for a principal amount of $493,746.14 plus the originally-calculated amount of $43,357.64 in compound interest, or a total of $537,103.78. Judgment is therefore ordered to be entered in favor of Zapata and against Lenell in that revised aggregate sum of $537,103.78 in lieu of the originally calculated sum of $485,066.33.