Clifton v. Seaway Towing Co

Filing 37

MINUTES AND RULING for proceedings held before Magistrate Judge Patrick J Hanna: denying 34 Motion ; TELEPHONE CONFERENCE held on 7/26/2010. IT IS ORDERED that plaintiffs Motion for Contempt Citation and Sanctions(rec. doc. 34) is DENIED;IT IS FURTHER ORDERED that defendant shall overnight mail to plaintiff acheck in the amount of $139.81.IT IS FURTHER ORDERED that oral argument on the motion set for July 28,2010, is CANCELED. (crt,Jordan, P)

C l i f t o n v. Seaway Towing Co

D o c . 37

U N IT E D STATES DISTRICT COURT W E S T E R N DISTRICT OF LOUISIANA L A F A Y E T T E -O P E L O U S A S DIVISION J O H N PAUL CLIFTON V ER SU S S E A W A Y TOWING CO. C I V I L ACTION NO. 07-872 J U D G E MELANCON M A G I S T R A T E JUDGE HANNA M I N U T E S AND RULING (R e c . Doc. 34) A telephone hearing was held on July 26, 2010, beginning at 3:30 p.m. and ending a t 3:45 p.m.1 Participating in the conference were counsel for plaintiff, Lawrence N. C u rtis, and counsel for defendant, Eve Reardon. Oral argument was held on plaintiff's M o tio n for Contempt Citation and Sanctions. Plaintiff argued Louisiana's judicial in ter e st rate was applicable, and defendant argued the federal interest rate was applicable to a previous order by this Court awarding interest on a settlement that was not paid tim e ly as a sanction. T h e undersigned determined the basis of the award of judicial interest was issued p u rs u a n t to a federal court order in the nature of sanctions for a tardy payment of s e ttle m e n t funds.2 Thus, the interest ordered to be paid was "interest on a money ju d g m e n t in a civil case" pursuant to 28 U.S.C. § 1961, and was to be paid at the federal ra te . It was undisputed that accrued interest at the federal rate amounts to $139.81. Counsel for defendant agreed to overnight mail that sum to plaintiff. Therefore,
1

Statistical time: 15 minutes. See Order (Rec. Doc. 33).

2

Dockets.Justia.com

IT IS ORDERED that plaintiff's Motion for Contempt Citation and Sanctions ( re c . doc. 34) is DENIED; I T IS FURTHER ORDERED that defendant shall overnight mail to plaintiff a c h e ck in the amount of $139.81. I T IS FURTHER ORDERED that oral argument on the motion set for July 28, 2 0 1 0 , is CANCELED. L a f aye tte , Louisiana, this 26 th day of July, 2010.