Turner et al v. Fierce NYC et al
Filing
80
ORDER. It is hereby ORDERED that Plaintiffs shall submit a supplemental memorandum no later than November 26, 2024, explaining why prejudgment interest is appropriate in this case, what the proper prejudgment interest rate is, the date on which th e cause of action accrued, and the appropriate calculation of interest through November 26, 2024. In considering these issues, Plaintiffs should also address how the prejudgment interest calculation is impacted by Plaintiff's request for both compensatory and punitive damages and the fact that this case involves a mixed federal and state judgment. See, e.g., Cioffi v. New York Community Bank, 465 F. Supp. 2d 202, 222 (E.D.N.Y. 2006) (addressing prejudgment interest in a case involving claims for sexual harassment under Title VII and the New York Human Rights Law). In the absence of a supplemental filing by the deadline, the Court will enter the proposed judgment without prejudgment interest and without further notice. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/22/24) (yv)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
CHRISTENNA TURNER et al.,
:
:
Plaintiffs,
:
:
-v:
:
FIERCE NYC et al.,
:
:
Defendants.
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:
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23-CV-10276 (JMF)
ORDER
JESSE M. FURMAN, United States District Judge:
On November 21, 2024, Plaintiffs filed a proposed default judgment order seeking
$450,000 in compensatory and punitive damages in addition to prejudgment interest calculated at
a 9% interest rate. See ECF No. 79. Plaintiffs’ prior filings, however, neither addressed nor
requested prejudgment interest. It is hereby ORDERED that Plaintiffs shall submit a
supplemental memorandum no later than November 26, 2024, explaining why prejudgment
interest is appropriate in this case, what the proper prejudgment interest rate is, the date on which
the cause of action accrued, and the appropriate calculation of interest through November 26,
2024. In considering these issues, Plaintiffs should also address how the prejudgment interest
calculation is impacted by Plaintiffs’ request for both compensatory and punitive damages and
the fact that this case involves a mixed federal and state judgment. See, e.g., Cioffi v. New York
Community Bank, 465 F. Supp. 2d 202, 222 (E.D.N.Y. 2006) (addressing prejudgment interest in
a case involving claims for sexual harassment under Title VII and the New York Human Rights
Law). In the absence of a supplemental filing by the deadline, the Court will enter the proposed
judgment without prejudgment interest and without further notice.
SO ORDERED.
Dated: November 22, 2024
New York, New York
__________________________________
JESSE M. FURMAN
United States District Judge
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