Obermeyer Hydro Accessories, Inc. v. CSI Calendering, Inc. et al

Filing 107

ORDER: Judgment shall enter in favor of Defendant and against Plaintiff in the amount of $638,352.11 plus $71,096.85 in pre-judgment interest plus $6,443.50 in costs plus post-judgment interest as of 3/9/2016 in the amount of.66 percent per annum. Entered by Judge Raymond P. Moore on 3/9/2016. (cpear, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore

Case No. 14-cv-00184-RM-KMT
OBERMEYER HYDRO ACCESSORIES, INC.
d/b/a OBERMEYER HYDRO, INC.,
Plaintiff,
v.
CSI CALENDERING, INC.
d/b/a CSI CALENDERING SPECIALISTS, INC.,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter is before the Court upon the parties’ Second Joint Status Report (ECF No. 102).
On January 27, 2016, this Court entered summary judgment as to liability in favor of defendant CSI
Calendering, Inc. (“CSI”). (ECF No. 98 at 38-39.) At that time, the sole remaining issue was
damages, and, as to that, the Court directed the parties to file a joint status report. (Id. at 39.) In the
Second Joint Status Report, the parties reported their agreement on CSI’s calculation of damages,
interest, and costs under CSI’s counterclaim for breach of contract, subject to the parties’ reservation
of rights with respect thereto. (ECF No. 102 at 1-4.) Specifically, the parties agreed that CSI’s
damages, interest, and costs under its counterclaim for breach of contract were as follows:

(1)

Damages:

$638,352.11

(2)

Pre-Judgment Interest:

$70,484.70 plus $87.45 per day after March 1, 2016
to the date of judgment.1

(3)

Post-Judgment Interest:

Set at the rate of post-judgment interest as of the date
of judgment as provided in 28 U.S.C. § 1961(a).

(4)

Costs

$6,443.50

Accordingly, in light of the Court’s entry of summary judgment as to liability in favor of CSI,
and the parties’ agreement, subject to the parties’ reservation of rights, as contained in the Second
Joint Status Report, the Court ORDERS the Clerk to enter Judgment, pursuant to Fed.R.Civ.P. 58(a),
as follows:
In favor of Defendant CSI Calendering, Inc. and against Plaintiff Obermeyer Hydro
Accessories, Inc. in the amount of $638,352.11 plus $71,096.85 in pre-judgment interest plus
$6,443.50 in costs plus post-judgment interest as of March 9, 2016 in an amount calculated pursuant
to 28 U.S.C. § 1961(a).
SO ORDERED.
DATED this 9th day of March, 2016.

BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

1

Calculated in this fashion, additional pre-judgment interest totals: $612.15, which is $87.45
multiplied by seven (7) days (March 2nd up to March 9th). This results in total pre-judgment interest of
$71,096.85 ($70,484.70 plus $612.15).