Filed: Aug. 10, 2017
Latest Update: Aug. 10, 2017
Summary: ORDER D.P. MARSHALL, Jr. , District Judge . 1. The joint report, N o 50, is appreciated. Allyn's motion for costs, N o 51, is partly granted and partly denied. 2. Allyn is entitled to costs of $256.30-$165.00 for the filing fee and $91.30 for Johnson's witness fee. 28 U.S.C. 1920. The service fees aren't recoverable because the U.S. Marshal didn't handle the service. Crues v. KFC Corp., 768 F.2d 230 , 234 (8th Cir. 1985). 3. The Court overrules Woolard's objection an
Summary: ORDER D.P. MARSHALL, Jr. , District Judge . 1. The joint report, N o 50, is appreciated. Allyn's motion for costs, N o 51, is partly granted and partly denied. 2. Allyn is entitled to costs of $256.30-$165.00 for the filing fee and $91.30 for Johnson's witness fee. 28 U.S.C. 1920. The service fees aren't recoverable because the U.S. Marshal didn't handle the service. Crues v. KFC Corp., 768 F.2d 230 , 234 (8th Cir. 1985). 3. The Court overrules Woolard's objection and..
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ORDER
D.P. MARSHALL, Jr., District Judge.
1. The joint report, No 50, is appreciated. Allyn's motion for costs, No 51, is partly granted and partly denied.
2. Allyn is entitled to costs of $256.30-$165.00 for the filing fee and $91.30 for Johnson's witness fee. 28 U.S.C. § 1920. The service fees aren't recoverable because the U.S. Marshal didn't handle the service. Crues v. KFC Corp., 768 F.2d 230, 234 (8th Cir. 1985).
3. The Court overrules Woolard's objection and awards Allyn pre-judgment interest. Arkansas law governs. Children's Broadcasting Corp. v. Walt Disney Co., 357 F.3d 860, 868-69 (8th Cir. 2004); see generally HOWARD W. BRILL & CHRISTIAN H. BRILL, LAW OF DAMAGES §§ 10:1-10:4 (6th ed. 2014). Allyn is entitled to recover for the income wrongfully withheld, less her share of out-of-pocket expenses. The evidence provided all the needed information to calculate that amount without any reliance on discretion. It is solely a matter of the proof about the calendar, the crop share rent, the government payment, and the taxes, plus a bit of math. Reynolds Health Care Services, Inc. v. HMNH, Inc., 364 Ark. 168, 180-81, 217 S.W.3d 797, 807 (2005).
Here is the calculation. Ark. Code Ann.§ 4-57-101(d) provides the 6% rate. Allyn is entitled to pre-judgment interest on her share of the 2015/2016 net farm income, which was $3,783.74. That figure reflects $3,200.35/rent + $1,021.00/support payment — $437.61/taxes. That net amount became ascertainable on 31 October 2016, when support payment was made. Interest at 6% from that date until today is $176.02. Allyn is also entitled to pre-judgment interest on her share of the 2016/2017 farm income so far, which was $2,777.00. The interest runs from 10 May 2017, when the crop share rent was received, until today. That amount is $42.00. There was no proof of any 2016 expenses having been paid yet. The total pre-judgment interest awarded is $218.02.
4. Federal law governs post-judgment interest, Weitz Co., Inc. v. Mo-Kan Carpet, Inc., 723 F.2d 1382, 1385-86 (8th Cir. 1983), which will accrue at 1.23% per annum on the judgment. 28 U.S.C. § 1961(a)-(b).
So Ordered.
