WILLNERD v. SYBASE, INC.

Filing 142

ORDER re: 138 Notice by Mark Willnerd of Plaintiff's Objection to Proposed Judgment. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
MARK WILLNERD, an individual,
Plaintiff,

Case No. 1:09-cv-00500-BLW
ORDER

v.
SYBASE, INC., a Delaware corporation,
Defendant.

SYBASE, INC., a Delaware corporation
Counterclaimant,
v.
MARK WILLNERD, an individual
Counterdefendant.

Before the Court is an Objection (Dkt. 138) to Sybase’s request for pre-judgment
interest, and response and reply thereto. The Court having considered the parties’
pleadings and being fully advised, enters the following ORDER:

ORDER - 1
c

There being no dispute as to the base amount, Sybase will be granted judgment on
its counterclaim against Willnerd for Breach of Contract in the amount of $48,950.
Although Willnerd challenges an award of pre-judgment interest, the Court finds it
appropriate under Idaho Code § 28-22-104(1). See Bott v. Idaho State Bldg. Authority,
917 P.2d 737, 748-49 (Idaho 1996). Sybase will therefore be granted pre-judgment
interest at a rate of 12% from July 17, 2008 – Willnerd’s termination date – through the
date of judgment. A separate judgment will issue.

DATED: July 29, 2011

_________________________
B. LYNN WINMILL
Chief U.S. District Court Judge

ORDER - 2