Lee et al v. Borders et al

Filing 135

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiff's Motion to Amend Judgment to Include Post- Judgment Interest (Docket No. 120) is GRANTED. Signed by Magistrate Judge Terry I. Adelman on 5/24/12. (KXS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ANGELA MARIE LEE, By and Through
Next Friend, RENEE B. LEE,
Plaintiffs,
v.
ALBERT LEE BORDERS,
Defendant.

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No. 4:09CV1977 TIA

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Motion to Amend Judgment to Include PostJudgment Interest (Docket No. 120). Defendant has not filed opposition thereto. The parties
consented to the jurisdiction of the undersigned pursuant to 28 U.S.C. § 636(c).
The Eighth Circuit calculates post-judgment interest at the rate specified in 28 U.S.C. § 1961.
EEOC v. Dooley, 2008 WL 631175 (D.S.D.) (citing Novak v. Mackintosh, 937 F.Supp. 873, 883
(D.S.D. 1996)) (citing Mansker v. TMG Life Ins. Co., 54 F.3d 1322, 1331 (8th Cir. 1995)).
28 U.S.C. § 1961 provides:
a. Interest shall be allowed on any money judgment in a civil case recovered in a
district court. ... Such interest shall be calculated from the date of the entry of the
judgment, at a rate equal to the weekly average 1-year constant maturity Treasury
yield as published by the Board of Governors of the Federal Reserve System for the
calendar week preceding the date of the judgment.
The Court assumes that Defendant does not dispute Plaintiff's entitlement to post-judgment
interest inasmuch as Defendant did not file any opposition to Plaintiff’s motion requesting the
judgment be amended to include the award of post-judgment interest.

Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motion to Amend Judgment to Include PostJudgment Interest (Docket No. 120) is GRANTED.

/s/ Terry I. Adelman
UNITED STATES MAGISTRATE JUDGE
Dated this 24th

day of May, 2012.

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