Goett v. V1 Jets International Inc. et al
| Joseph Goett |
| V1 Jets International Inc., V1 Jet Holdings, Inc., Travelsuite, Inc., Jaime Matta and Andrew Zarrow |
| 1:2014cv08256 |
| October 16, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Jesse M. Furman |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
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ORDER: No later than January 22, 2021, plaintiff shall submit a letter-brief or memorandum setting forth the authorities on which he relies for the proposition that a federal court may issue a supplemental judgment which neither corrects a mistak e in the original judgment, see Fed. R. Civ. P. 60(a), nor awards additional relief based on further proceedings, see Fed. R. Civ. P. 54(b), but instead updates the sum awarded to include post-judgment interest accrued since the issuance of the ori ginal judgment. Cf. Dudley ex rel. Estate of Patton v. Penn-Am. Ins. Co., 313 F.3d 662, 665 (2d Cir. 2002) (approving district court's issuance of amended judgment, pursuant to Rule 60(a), that "corrected a judicial oversight" by inc luding pre-judgment interest, accrued prior to the entry of the original judgment, in the award). Additionally, plaintiff should explain the basis for the award of post-judgment interest at the New York rate of 9%, see N.Y.C.P.L.R §§ 5002, 5004, rather than at the federal rate under 28 U.S.C. § 1961(a). "In general, pre-judgment interest ceases to accrue, and post-judgment interest begins to accrue, as of the date that judgment first 'is ascertained in a meaningf ul way and supported by the evidence.'" NML Capital v. Republic of Argentina, 435 F. App'x 41, 43 (2d Cir. 2011) (quoting Adrian v. Town of Yorktown, 620 F.3d 104, 107 (2d Cir. 2010)) (vacating amended judgment and remanding with ins tructions to include pre-judgment interest at 9% and "postjudgment interest due under federal law"). Thus, in cases brought under the FLSA and NYLL, the federal courts in New York routinely award pre-judgment interest at 9% and post-judgment interest at the federal statutory rate. See, e.g., Martinez v. New 168 Supermarket LLC, 2020 WL 5260579, at *9 (E.D.N.Y. Aug. 19, 2020), report and recommendation adopted, 2020 WL 5259056 (E.D.N.Y. Sept. 3, 2020); Cordova v. D & D Rest., Inc., 2015 WL 6681099, at *11 (S.D.N.Y. Oct. 29, 2015). (And as further set forth herein.) SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/13/2021) (jca)
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