HomeMy WebLinkAbout2021-cv-2063 - City of Fort Collins v. Open International, et al. - 331 - Order1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Charlotte N. Sweeney
Civil Action No. 1:21-cv-02063-CNS-SBP
CITY OF FORT COLLINS, a Colorado home rule municipality,
Plaintiff,
v.
OPEN INTERNATIONAL, LLC, a Florida limited liability company and
OPEN INVESTMENTS, LLC, a Florida limited liability company,
Defendants.
ORDER
This matter comes before the Court on the City of Fort Collins’ Notice of Expert
Ronald Seigneur’s Supplemental Calculations Regarding Pre-Judgment Interest. ECF
No. 330.
In its Order of March 21, 2024, the Court granted the City’s request for pre-
judgment interest (PJI) on its awards of project costs, third-party consulting costs, and
labor costs. ECF No. 327 at 21–22. Accordingly, the Court directed the City to file a
supplement to Mr. Seigneur’s PJI calculations in ECF No. 315-2, setting forth amounts of
PJI due as of the date of final judgment.1 Id. at 23. The City promptly filed the instant
notice on March 26, 2024, along with an attached exhibit in which Mr. Seigneur has
updated his PJI calculations. See ECF No. 330-1. Specifically, Mr. Seigneur calculated
1 Final judgment in this case entered on March 26, 2024. ECF No. 329.
Case No. 1:21-cv-02063-CNS-SBP Document 331 filed 03/28/24 USDC Colorado pg 1 of 2
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PJI due on the City’s award amounts through March 26, 2024. Adding these PJI amounts
to the original award amounts, Mr. Seigneur then arrived at the following updated totals:
• Project costs: $12,245,881
• Third-party consulting costs: $578,280
• Labor costs: $7,067,286
Given that the award of PJI “rests firmly within the sound discretion of the trial court,”
Caldwell v. Life Ins. Co. of N. Am, 287 F.3d 1276, 1287 (10th Cir. 2002), and that the
application of a given PJI rate is similarly a matter of judicial discretion, E.E.O.C. v. W.
Trading. Co., Inc., 291 F.R.D. 615, 621 (D. Colo. 2013), the Court in its discretion adopts
the PJI rate and amount calculations proffered by Mr. Seigneur.
In light of the foregoing, the Clerk of Court is directed to amend the entry of final
judgment in this case, ECF No. 329, to reflect the above award amounts with added PJI.
DATED this 28th day of March 2024.
BY THE COURT:
________________________________
Charlotte N. Sweeney
United States District Judge
Case No. 1:21-cv-02063-CNS-SBP Document 331 filed 03/28/24 USDC Colorado pg 2 of 2