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Travelers Casualty and Surety Co. v. W.P. Rowland Constructors Corp.

United States District Court, Ninth Circuit

July 8, 2013

Travelers Casualty and Surety Company of America, Plaintiff,
v.
W.P. Rowland Constructors Corp., et al., Defendants.

PARTIAL JUDGMENT

FREDERICK J. MARTONE, Senior District Judge.

This court granted Plaintiff's Motion for Partial Summary Judgment on Count I (doc. 80), and Plaintiff's Motion for Partial Summary Judgment on Count II (doc. 81), and denied Defendants' Motion for Reconsideration (doc. 110). Plaintiff now requests entry of judgment pursuant to Rule 54(b), Fed. R. Civ. P., on Counts I and II (doc. 114). Defendants object to the proposed form of partial judgment, arguing that the proposed form incorrectly states the amount of prejudgment interest allowed under Arizona law.

In diversity actions, state law determines the rate of prejudgment interest while federal law governs post-judgment interest. American Tel. & Tel. Co. v. United Computer Sys., Inc. , 98 F.3d 1206, 1209 (9th Cir. 1996). A.R.S. § 44-1201(A) provides that "[i]nterest on any loan, indebtedness or other obligation shall be at the rate of ten per cent per annum." This action involves the collection on "indebtedness or other obligation." Therefore, pursuant to § 44-1201(A), 10% is the appropriate interest rate on this debt before judgment is entered. In contrast, § 44-1201(B) expressly applies to "interest on any judgment. " Id . (emphasis added). Accordingly, subsection (B) provides the appropriate rate for post-judgment interest in a state action. But because federal law governs post-judgment interest in this diversity action, 28 U.S.C. § 1961 dictates the rate of post-judgment interest. Section 44-1201(B) does not apply in this case.

Therefore, IT IS ORDERED AND ADJUDGED Plaintiff Travelers Casualty and Surety Company of America shall recover judgment on Count I and Count II of its Amended Complaint, in the amounts set forth below, against the following defendants:

1. W.P. Rowland Constructors Corp.
2. W.P. Rowland Properties Corp.
3. RCCG Management, Inc.
4. Rowland Companies-Western, Inc.
5. Rowland Companies Southwest, Inc.
6. Rowland Companies Central, Inc.
7. Rowland Constructors Group, Inc.
8. Rowland Companies Construction Group, Inc.
9. Rowland Texas, G.P.
10. Rowland Texas ...

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