LOUISE W. FLANAGAN, District Judge.
This matter is before the court on plaintiff's motion for bill of costs. (DE 37).
Plaintiff filed this diversity action July 24, 2015, seeking declaratory judgment and damages pursuant to an insurance policy ("the policy") entered into by the parties. Following a period of discovery, the parties filed cross-motions for summary judgment (DE 24, 26), and after full briefing, the court granted plaintiff's motion and denied defendant's motion in order entered November 14, 2016. (DE 36). In its order granting summary judgment, the court observed that, due to an embezzlement by James and William Staz (collectively "the Stazes"), plaintiff suffered losses in the amount of $492,350.53. The court found that, pursuant to the policy, defendant is obligated to reimburse plaintiff for its losses.
The order also directed plaintiff to file additional briefing in support of its prayer for costs of court, attorney's fees, and interest allowed by law so that the court may rule on all remaining issues and enter final judgment. Accordingly, plaintiff filed additional briefing and defendant timely responded, agreeing in light of the court's decision on summary judgment, in large part with propriety of plaintiff's request.
The court notes at the outset that defendant does not dispute plaintiff's claimed entitlement to $1,257.45 as compensation for costs of court. Additionally, plaintiff expressly has abandoned its prayer for attorney's fees. Accordingly, the only remaining issues concern proper computation of defendant's liability under the policy and allowable interest.
First, as noted above, plaintiff suffered losses in the amount of $492,350.53 due to the Stazes' embezzlement. The policy includes a $25,000 retention that applies to the coverage provision at issue in this case. (DE 1-2 at 69). Therefore, defendant's liability under the policy is $467,350.53.
Second, "state law applies to questions involving prejudgment interest in diversity cases."
Based on the foregoing, the relevant date range is July 7, 2014, (the date defendant denied plaintiff's claim under the policy) through November 14, 2016,
Based on the foregoing, plaintiff's motion for bill of costs is GRANTED. It is ORDERED that defendant shall reimburse the sum of plaintiff's damages, costs of court, and pre-judgment interest amounting to $556,625.66, and, in addition, any post-judgment interest as may be necessary to comply with this order. The clerk is DIRECTED to enter final judgment in accordance with this order and close this case.
SO ORDERED.