Alessi Equipment, Inc. v. American Piledriving Equipment, Inc.
- Judith McCarthy
- 7:18-cv-03976
- U.S. District Court · Southern District of New York
- 2
In Alessi Equipment, Inc. v. American Piledriving Equipment, Inc., Judge McCarthy set procedures for prejudgment interest and a possible new trial.
Alessi Equipment, Inc. and American Piledriving Equipment, Inc., concerning possible prejudgment interest and a possible new-trial motion.
What happened
Alessi Equipment, Inc. and American Piledriving Equipment, Inc. submitted materials about interest that might be added to the judgment before payment and American Piledriving’s possible request for a new trial.
The court said that, if the parties could not agree on when the interest should begin, Alessi must file a request to change the judgment to add interest from its preferred date. If American Piledriving filed a new-trial request, the court would consider it together with Alessi’s request.
The order did not decide the proper interest date or the possible new-trial request. Judge Judith C. McCarthy issued the order on June 23, 2022.
The detailed version
- Alessi Equipment, Inc. v. American Piledriving Equipment, Inc. · No. 7:18-cv-03976
- Judith McCarthy
- June 23, 2022
Background
The court received the parties’ submissions concerning prejudgment interest and Defendant American Piledriving Equipment, Inc.’s stated intention to seek a new trial under Federal Rule of Civil Procedure 59(a). The order does not describe the underlying claims, the judgment amount, or the trial’s result.
Court’s Instructions
The court stated that, if the parties could not agree on the proper triggering date for prejudgment interest, Plaintiff Alessi Equipment, Inc. must file a motion under Rule 59(e) to amend the judgment and add prejudgment interest beginning on Alessi’s preferred date. The court also stated that, if American Piledriving moved for a new trial, it would address that request together with Alessi’s motion.
Disposition
The order sets out the procedure for possible later motions but does not rule on the appropriate interest date, does not add prejudgment interest, and does not grant or deny a new trial. It was signed by United States Magistrate Judge Judith C. McCarthy and dated June 23, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.