Hardeman v. Monsanto Company et al

Filing 354

PRETRIAL ORDER NO. 163: ORDER GRANTING MOTION TO ALTER JUDGMENT. Signed by Judge Vince Chhabria on 7/17/2019. (knm, COURT STAFF) (Filed on 7/17/2019)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

IN RE: ROUNDUP PRODUCTS
LIABILITY LITIGATION

MDL No. 2741
Case No. 16-md-02741-VC

This document relates to:
Hardeman v. Monsanto, 3:16-cv-00525-VC

PRETRIAL ORDER NO. 163:
ORDER GRANTING MOTION TO
ALTER JUDGMENT
Dkt. Nos. 3979, 4528

Hardeman’s motion to alter the judgment to clarify prejudgment interest is granted. Because
Hardeman’s medical expenses were “capable of being made certain” at the time he filed his
complaint, he is entitled to prejudgment interest on his award of past economic damages. Cal. Civ.
Code § 3287(a); see U.S. Fidelity and Guaranty Co. v. Lee Investments LLC, 641 F.3d 1126, 1140
(9th Cir. 2011) (noting that, once established, medical expenses “could be reasonably determined
thereafter with simple inquiries”).
Monsanto is ordered to pay interest on the $200,967.10 award of past economic damages at
an annual rate of 7% from the date the case was filed, February 1, 2016, through the entry of
judgment on May 3, 2019, resulting in total prejudgment interest of $45,748.92. See Westport Ins.
Corp. v. Cal. Casualty Mgmt. Co., 916 F.3d 769, 781 (9th Cir. 2019) (explaining that “[s]tate law
governs prejudgment interest in a diversity action,” and the “California Constitution generally
affixes the rate of prejudgment interest at seven percent per annum”).
IT IS SO ORDERED.
Date: July 17, 2019

___________________________
Honorable Vince Chhabria
United States District Court