LIEBERMAN v. CORPORACION EXPERIENCA UNICA, S.A. et al

Filing 238

ORDERED AS FOLLOWS THAT DEFENDANTS MOTION FOR LEAVE TO FILE A REPLY (ECF NO. 235) IS GRANTED. 2. DEFENDANTS MOTION FOR POST-TRIAL RELIEF (ECF NO. 231) IS GRANTED IN PART AND DENIED IN PART. PURSUANT TO THAT MOTION, DEFENDANTS REQUEST FOR JUDGMENT AS A MATTER OF LAW ON PLAINTIFFS BREACH OF CONTRACT CLAIM RELATED TO ACCESS TO AND USE OF THE UNIT IS GRANTED. THE AWARD OF COMPENSATORY DAMAGES SET FORTH IN THE JUDGMENT IN THE AMOUNT OF $2,468,699 WILL THEREFORE BE REDUCED BY $695,000. ALL O THER RELIEF REQUESTED IN DEFENDANTS MOTION (ECF NO. 231) IS DENIED. 3. PLAINTIFFS MOTIONS TO AMEND/CORRECT THE JUDGMENT AND FOR COSTS AND INTEREST (ECF NOS. 228, 229) ARE GRANTED IN PART AND DENIED IN PART AS FOLLOWS: A. PLAINTIFFS REQUEST TO ADD PRE JUDGMENT INTEREST TO THE JUDGMENT IS DENIED; B. PLAINTIFFS REQUEST TO ADD POST-JUDGMENT INTEREST IS GRANTED; AND C. PLAINTIFFS REQUEST TO ADD STATUTORY COSTS IS GRANTED IN THE AMOUNT OF $3,376.08. 4. AN AMENDED JUDGMENT IN THE AMOUNT OF $1, 777,075.08, CONSISTING OF $1,773,699.00 IN COMPENSATORY DAMAGES AND $3,376.08 IN COSTS PURSUANT TO 28 U.S.C. § 1920, PLUS POST-JUDGMENT INTEREST PURSUANT TO 28 U.S.C. § 1961, WILL FOLLOW. 5. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 7/26/22. 7/27/22 ENTERED AND COPIES E-MAILED.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
THE ESTATE OF DR.
RICHARD LIEBERMAN,
v.

Plaintiff,

PLAYA DULCE VIA, S.A.,
Defendant.

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CIVIL ACTION
NO. 14-3393

ORDER
AND NOW, this 26th day of July, 2022, upon
consideration of the parties’ post-trial motions (ECF Nos. 228,
229, 231, 235), it is hereby ORDERED as follows:
1.

Defendant’s Motion for Leave to File a Reply (ECF No.
235) is GRANTED.

2.

Defendant’s Motion for Post-Trial Relief (ECF No. 231)
is GRANTED in part and DENIED in part. Pursuant to
that motion, Defendant’s request for judgment as a
matter of law on Plaintiff’s breach of contract claim
related to access to and use of the unit is GRANTED.
The award of compensatory damages set forth in the
judgment in the amount of $2,468,699 will therefore be
reduced by $695,000. All other relief requested in
Defendant’s motion (ECF No. 231) is DENIED.

3.

Plaintiff’s motions to Amend/Correct the Judgment and
for Costs and Interest (ECF Nos. 228, 229) are GRANTED

in part and DENIED in part as follows:
a.

Plaintiff’s request to add prejudgment interest
to the judgment is DENIED;

b.

Plaintiff’s request to add post-judgment interest
is GRANTED; and

c.

Plaintiff’s request to add statutory costs is
GRANTED in the amount of $3,376.08.

4.

An amended judgment in the amount of $1,777,075.08,
consisting of $1,773,699.00 in compensatory damages
and $3,376.08 in costs pursuant to 28 U.S.C. § 1920,
plus post-judgment interest pursuant to 28 U.S.C. §
1961, will follow.

5.

The Clerk of Court is directed to CLOSE this case.
AND IT IS SO ORDERED.

__________________________
EDUARDO C. ROBRENO, J.