Allyn v. Woolard et al

Filing 52

ORDER: The 50 Joint report is appreciated. Allyn's 51 Motion for Costs is partly granted and partly denied. Allyn is entitled to costs of $256.30: $165.00 for the filing fee and $91.30 for Johnson's witness fee. The Cou rt overrules Woolard's objection and awards Allyn pre-judgment interest of $218.02. Federal law governs post-judgment interest, which will accrue at 1.23% per annum on the Judgment. Signed by Judge D. P. Marshall Jr. on 8/10/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
NINA ALLYN

v.

PLAINTIFF
No. 3:16-cv-115-DPM

BARBARA WOOLARD;
DEPARTMENT OF AGRICULTURE;
and LEONE JOHNSON

DEFENDANTS

ORDER

1. The joint report, Ng 50, is appreciated. Allyn's motion for costs,

Ng 51, is partly granted and partly denied.
2. Allyn is entitled to costs of $256.30-$165.00 for the filing fee and

$91.30 for Johnson's witness fee. 28 U.S.C. § 1920. The service fees aren't
recoverable because the U.S. Marshal didn't handle the service. Crues v. KFC

Corp., 768 F.2d 230, 234 (8th Cir. 1985).
3. The Court overrules Woolard' s objection and awards Allyn prejudgment interest. Arkansas law governs. Children's Broadcasting Corp. v.

Walt Disney Co., 357 F.3d 860, 868-69 (8th Cir. 2004); see generally HOWARD W.
BRILL & CHRISTIAN H. BRILL, LAW OF DAMAGES§§ 10:1-10:4 (6th ed. 2014).
Allyn is entitled to recover for the income wrongfully withheld, less her share
of out-of-pocket expenses. The evidence provided all the needed information

to calculate that amount without any reliance on discretion. It is solely a
matter of the proof about the calendar, the crop share rent, the government
payment, and the taxes, plus a bit of math. Reynolds Health Care Services, Inc.

v. HMNH, Inc., 364 Ark. 168, 180-81, 217 S.W.3d 797, 807 (2005).
Here is the calculation. Ark. Code Ann.§ 4-57-lOl(d) provides the 6%
rate. Allyn is entitled to pre-judgment interest on her share of the 2015 / 2016
net farm income, which was $3,783.74. That figure reflects $3,200.35/rent +
$1,021.00/support payment - $437.61/taxes.

That net amount became

ascertainable on 31October2016, when support payment was made. Interest
at 6% from that date until today is $176.02. Allyn is also entitled to prejudgment interest on her share of the 2016/2017 farm income so far, which
was $2,777.00. The interest runs from 10 May 2017, when the crop share rent
was received, until today. That amount is $42.00. There was no proof of any
2016 expenses having been paid yet. The total pre-judgment interest awarded
is $218.02.
4. Federal law governs post-judgment interest, Weitz Co., Inc. v. Mo-Kan

Carpet, Inc., 723 F.2d 1382, 1385-86 (8th Cir. 1983), which will accrue at 1.23%
per annum on the judgment. 28 U.S.C. § 1961(a)-(b).

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So Ordered.

D .P. Marshall Jr.
United States District Judge

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