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Wettersten v. Fox

United States District Court, N.D. Illinois, Eastern Division

October 16, 2019

CAROLINE WETTERSTEN, Plaintiff,
v.
JOSEPH J. FOX, Defendant.

          Craig M. White, Attorney For Plaintiff

          RULE 58 MOTION BY PLAINTIFF FOR ENTRY OF APPROVED FORM OF JUDGMENT

          Andrea R. Wood Judge

         Plaintiff, Caroline Wettersten, moves the court pursuant to Rule 58(b)(2) and Rule 58(d) for a judgment in a separate document in the form attached hereto as Exhibit 2. In support, plaintiff states the following:

         1. On September 30, 2019, the Court entered a Judgment In A Civil Case in favor of plaintiff. Copy attached as Exhibit 1. Said Judgment awards prejudgment interest to plaintiff but does not specify the amount. Said Judgment also awards costs to plaintiff but does not specify an amount.

         2. According to the Court's findings (Dkt #85, p. 4 of 30), Ms. Wettersten made a valid, written demand for payment of the $150, 000.00 owed to her by Mr. Fox on May 15, 2014. Payment was due on or before June 6, 2014, and no amount was paid. Pursuant to the Illinois Interest Act (815 ILCS 205/1), creditors are to receive interest at the rate of 5% per annum on all moneys after they become due on any instrument of writing. 5% times $150, 000.00 equals $7, 500.00. $7, 500.00 divided by 365 days equals $20.55 per day.

         3. The number of days between June 6, 2014 and September 30, 2019 can be calculated as:

2014
208 days
2015
365 days
2016
365 days
2017
365 days
2018
365 days
2019
273 days
Total
1941 days
1941 days times $20.55 per day equals $39, 887.55 in prejudgment interest.

         4. The September 30, 2019 Judgment also awarded costs to Ms. Wettersten without specifying the amount. Recoverable costs under 28 U.S.C. § 1920 include docket/clerk fees, deposition transcripts, and copying charges for documents used in the case. Ms. Wettersten paid the following costs which she should be allowed under Rule 54(d) of the Federal Rules of Civil Procedure:

Process Server:
$ 125.00
Filing Fees:
$ 400.00
Deposition of Mr. Fox:
$ 1, 278.25
Copying Charges:
$ 60.70
Total
$ 1, 863.95

         5. In order to avoid any future dispute over the precise amount of the money judgment awarded to Ms. Wettersten (and the precise amount on which post-judgment interest shall run), plaintiff asks the Court to set out the precise judgment amount in the form attached hereto as Exhibit 2, including $39, 887.55 in prejudgment interest and $1, 863.95 in ...


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