Grasso v. Grasso et al

Filing 225

ORDER: See Order for details. Signed by Judge Virginia M. Hernandez Covington on 1/6/2017. (DRW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
OLGA T. GRASSO,
Plaintiff,
v.

Case No. 8:13-cv-3186-T-33AEP

MICHELLE GRASSO, and
TERESA GRASSO,
Defendants.
_____________________________/
ORDER
This matter comes before the Court in consideration of
Plaintiff Olga T. Grasso’s Supplemental Brief in Support of
Motion

for

Prejudgment

Interest

(Doc.

#

222),

filed

on

December 27, 2016. Defendants Michelle Grasso and Teresa
Grasso filed their response on January 5, 2017. (Doc. # 224).
For the reasons that follow, the Clerk is directed to enter
an amended judgment consistent herewith.
Discussion
Following a jury trial, judgment was entered on March
31, 2016, consistent with the jury’s verdict. (Doc. # 186).
In pertinent part, that judgment awarded Olga1 $127,669.64

1

Because the parties have the same last name, the Court will
refer to them by their first names.

against Michelle and $31,917.41 against Teresa, both accruing
post-judgment interest at the federal statutory rate from the
date of judgment. (Id. at 1). Olga then moved for attorney’s
fees, costs, and prejudgment interest (Doc. # 187), which was
referred to the Honorable Anthony E. Porcelli, United States
Magistrate Judge (Doc. # 192). After extensive briefing, the
Court adopted Judge Porcelli’s Report and Recommendation,
which recommended that Olga should be awarded prejudgment
interest and granted ten days from the date the Court ruled
on her motion to submit a prejudgment interest calculation
for approval. (Doc. ## 214 at 14; 221).
Olga filed her brief regarding prejudgment interest in
which she requested $12,997.05 against Michelle and $3,640.86
against Teresa. (Doc. # 222). With leave of Court, Michelle
and Teresa filed a response on January 5, 2017. (Doc. # 224).
“Michelle

does

not

dispute

the

calculations

prepared

by

Plaintiff with respect to the amount of prejudgment interest
attributable to her,” and, after an agreed upon adjustment as
to the amount of prejudgment interest attributable to Teresa
with respect to the state trial court fees, “the parties agree
that the total prejudgment interest attributable to Teresa is
$3,249.26 instead of $3,640.86.” (Id. at 1) (bolding and
underlining in original).

2 

Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
The Clerk is directed to enter an amended judgment. The
amended judgment shall, with respect to Count I, be entered
in favor of Olga T. Grasso and against
the

amount

of

$140,666.69

Michelle

(representing

Grasso

in

$127,669.64

in

damages and $12,997.05 in prejudgment interest), and in favor
of Olga T. Grasso and against Teresa Grasso in the amount of
$35,166.67 (representing $31,917.41 in damages and $3,249.26
in prejudgment interest), both sums to accrue post-judgment
interest at the federal statutory rate from the date of
judgment, for which sum let execution issue. The judgment
entered on March 31, 2016, shall otherwise remain unchanged.
DONE and ORDERED in Chambers in Tampa, Florida, this 6th
day of January, 2017.

3