Xerox Corporation v. Everest Business Services, LLC
||Everest Business Services, LLC
||February 4, 2013
||New York Western District Court
||David G. Larimer
|Nature of Suit:
|Cause of Action:
||28:1332 Diversity-Breach of Contract
|Jury Demanded By:
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|Date Filed||#||Document Text|
|September 24, 2013
-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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