Adams et al v. Klein

Filing 208

MEMORANDUM: I am entering a modified version of the proposed final judgment submitted by Plaintiffs. (See D.I. 207-1 ). I am not applying the IRS underpayment rate, which seems to be mostly used and justified in the context of SEC enforcement acti ons, to calculate prejudgment interest. See In re Vivendi Universal, S.A. Sec. Litig., 284 F.R.D. 144, 164 (S.D.N.Y. 2012). Plaintiffs have proposed no calculations of prejudgment interest using the treasury rate, and thus I do not further consider t he treasury rate. I have reviewed the calculations for prejudgment interest based on the New Jersey Court Rules, which seem to apply. Therefore, I have included those amounts in the final judgment. Signed by Judge Richard G. Andrews on 10/5/2021. (nms)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MARK ADAMS , et al. , Plaintiffs, Civil Action No . 18-1330-RGA V. JOHN H. KLEIN, Defendant. MEMORANDUM I am entering a modified version of the proposed final judgment submitted by Plaintiffs. (See D.I. 207-1 ). I am not applying the IRS underpayment rate, which seems to be mostly used and justified in the context of SEC enforcement actions, to calculate prejudgment interest. See In re Vivendi Universal, S.A. Sec. Litig., 284 F.R.D. 144, 164 (S.D.N.Y. 2012). Plaintiffs have proposed no calculations of prejudgment interest using the treasury rate, and thus I do not further consider the treasury rate. I have reviewed the calculations for prejudgment interest based on the New Jersey Court Rules, which seem to apply. Therefore, I have included those amounts in the final judgment. October 5, 2021 Page l of l

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