Allyn v. Woolard et al
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
DEPARTMENT OF AGRICULTURE;
and LEONE JOHNSON
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
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).
D .P. Marshall Jr.
United States District Judge
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