ROBERT N. CHATIGNY, District Judge.
This case is before the Court on plaintiff's motion to alter or amend the judgment pursuant to Fed. R. Civ. P. 59(e) to add prejudgment interest of $5,822 to its compensatory damages award of $352,660 and to require that post-judgment interest accrue until the compensatory damages are paid. [ECF No. 107] For the reasons that follow, the motion is granted in part and denied in part.
Defendants oppose the motion to amend on the ground that the plaintiff has failed to point to controlling decisions or data that the Court overlooked in entering judgment. Plaintiff replies that no such showing is required to support a Rule 59(e) motion to amend a judgment to include prejudgment interest. The Court agrees.
Whether to award prejudgment interest in a suit to enforce a federal right is "ordinarily left to the discretion of the district court."
After careful review of a voluminous record, Judge Martinez determined that defendants' unconstitutional nonrenewal of plaintiff's precious metals license caused actual damages of $352,660. In similar circumstances, prejudgment interest has been awarded to fully compensate the plaintiff for economic injury caused by the loss of a license.
Defendant's contend that an award of prejudgment interest would not be fair or equitable because the damages in this case are "inherently speculative." Defs.' Obj. (ECF No. 121) at 5. However, as the recommended ruling demonstrates, the amount of compensatory damages awarded to the plaintiff for the loss of its precious metals business is a reasonable estimate adequately supported by expert testimony and documentary evidence. More is not required to support an award of interest.
Defendants also contend that the compensatory damages award fully compensates the plaintiff for its economic loss. In the recommended ruling, Judge Martinez stated that her task was to determine the fair market value of the precious metals business "as of the day it closed." Recommended Ruling After Hearing in Damages (ECF No. 99) at 5-6. Judge Martinez also noted that the plaintiff intended to seek prejudgment interest.
Plaintiff asks that the Court specify in the amended judgment that post-judgment interest will continue to accrue. The requested amendment is unnecessary because, under 28 U.S.C. § 1961, post-judgment interest, calculated from the date of the entry of the judgment, is "mandatory."
Accordingly, the motion to alter or amend the judgment is hereby granted as to prejudgment interest and denied as to post-judgment interest. The Clerk will enter an amended judgment awarding the plaintiff $5,822 in prejudgment interest, in addition to $352,660 in compensatory damages, $490,831.75 in attorneys' fees and $3,585.27 in costs.
So ordered.