Beau Townsend Ford Lincoln Inc v. Don Hinds Ford Inc

Filing 63

DECISION AND ENTRY GRANTING MOTION FOR AN AWARD OF PREJUDGMENT AND POST-JUDGMENT INTEREST 58 AND ORDERING PLAINTIFF TO SUBMIT A PROPOSED JUDGMENT ENTRY BY OCTOBER 13, 2017. Signed by Judge Thomas M. Rose on 10-6-2017. (de)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

Beau Townsend Ford Lincoln Inc., D/B/A Beau
Townsend Ford,
Plaintiff,
Case No. 3:15-cv-400
Judge Thomas M. Rose

v.

Don Hinds Ford, Inc. D/B/A Don Hinds Ford,
Defendant.

DECISION AND ENTRY GRANTING MOTION FOR AN AWARD OF
PREJUDGMENT AND POST-JUDGMENT INTEREST, ECF 58, AND
ORDERING PLAINTIFF TO SUBMIT A PROPOSED JUDGMENT
ENTRY BY OCTOBER 13, 2017.

Pending before the Court is Plaintiff’s Motion for an Award of Prejudgment and
Post-Judgment Interest. ECF 58. Defendant’s response concedes that interest is to be awarded
under Ohio law. ECF 59.
Ohio courts and the United States Court of Appeals for the Sixth Circuit routinely
recognize an entitlement to prejudgment interest whenever damages are awarded in a breach of
contract case. See e.g., Tharo Sys., Inc. v. Cab Produkttechnik GMBH & Co. KG, 196 Fed. App’x
366, 377 (6th Cir. 2006) (citing Royal Elec. Constr. Corp. v. Ohio State Univ., 652 N.E.2d 687
(Ohio 1995)), and Broad St. Energy Co. v. Endeavor Ohio, LLC, 806 F.3d 402, 409 (6th Cir.
2015). As to a breach of contract claim, “a ‘favorable judgment award’ [gives] ‘a right ... to an

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interest award as a matter of law.’ ” Broad St. Energy Co., 806 F.3d at 409 (citing Lincoln Elec.
Co. v. St. Paul Fire & Marine Ins. Co., 210 F.3d 672, 693 (6th Cir. 2000)).
Beau Townsend’s Motion for Award of Prejudgment and Post-Judgment Interest on any
Monetary Judgment in its Favor, ECF 58, is GRANTED. Plaintiff is ORDERED to submit to
the Court a proposed judgment order and to simultaneously inform the Court, pursuant to Local
Rule 7.3, whether there will be an objection contesting the calculations or form of the proposed
order by October 13, 2017. Any objection will be due within 20 days of filing of the proposed
order.
DONE and ORDERED this Friday, October 6, 2017.

s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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