Xerox Corporation v. Everest Business Services, LLC

Justia Dockets & Filings Second Circuit New York Western District Xerox Corporation v. Everest Business Services, LLC

Xerox Corporation v. Everest Business Services, LLC

Plaintiff:	Xerox Corporation
Defendant:	Everest Business Services, LLC
Case Number:	6:2013cv06058
Filed:	February 4, 2013
Court:	US District Court for the Western District of New York
Office:	Rochester Office
County:	Monroe
Presiding Judge:	David G. Larimer
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By:	None

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Date Filed	Document Text
September 24, 2013	Filing 10 -CLERK TO FOLLOW UP-ORDER granting 8 Motion for Default Judgment and default judgment is granted to Xerox against Everest on its claims sounding in contract. Xerox is awarded damages for breach of contract in the amount of $2,330,209.20, plu s prejudgment interest, calculated at the rate of 9% per annum from January 25, 2013 (a "reasonable intermediate date" with respect to the accrual of the claims), to the date of entry of this Order. See N.Y. CPLR §§5001, 500 4; Marfia v. T.C. Ziraat Bankasi, 147 F.3d 83, 91 (2d Cir. 1998) (where contractual damages arose on many occasions over time, Court may opt to fix a "reasonable intermediate date" from which to calculate prejudgment interest). Such intere st adds up to $139,812.56, for a total compensatory damages figure of $2,470,021.76. Xerox's request for an additional award of $350.00 in costs is granted pursuant to Fed. R. Civ. Proc. 54(d) ("[u]nless a federal statute, these rules, or a court order provides otherwise, costs... should be allowed to the prevailing party"). Xerox is accordingly awarded total damages of $2,470,371.76.. Signed by Hon. David G. Larimer on 9/24/13. (EMA)

Date Filed

Document Text

September 24, 2013

Filing 10 -CLERK TO FOLLOW UP-ORDER granting 8 Motion for Default Judgment and default judgment is granted to Xerox against Everest on its claims sounding in contract. Xerox is awarded damages for breach of contract in the amount of $2,330,209.20, plu s prejudgment interest, calculated at the rate of 9% per annum from January 25, 2013 (a "reasonable intermediate date" with respect to the accrual of the claims), to the date of entry of this Order. See N.Y. CPLR §§5001, 500 4; Marfia v. T.C. Ziraat Bankasi, 147 F.3d 83, 91 (2d Cir. 1998) (where contractual damages arose on many occasions over time, Court may opt to fix a "reasonable intermediate date" from which to calculate prejudgment interest). Such intere st adds up to $139,812.56, for a total compensatory damages figure of $2,470,021.76. Xerox's request for an additional award of $350.00 in costs is granted pursuant to Fed. R. Civ. Proc. 54(d) ("[u]nless a federal statute, these rules, or a court order provides otherwise, costs... should be allowed to the prevailing party"). Xerox is accordingly awarded total damages of $2,470,371.76.. Signed by Hon. David G. Larimer on 9/24/13. (EMA)

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Defendant: Everest Business Services, LLC
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Plaintiff: Xerox Corporation
Represented By:	Tony R. Sears
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