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Mark Willnerd, An Individual v. Sybase

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO


July 29, 2011

MARK WILLNERD, AN INDIVIDUAL,
PLAINTIFF,
v.
SYBASE, INC., A DELAWARE CORPORATION, DEFENDANT. SYBASE, INC., A DELAWARE CORPORATION COUNTERCLAIMANT,
v.
MARK WILLNERD, AN INDIVIDUAL COUNTERDEFENDANT.

The opinion of the court was delivered by: B. Lynn WINMILLChief U.S. District Court Judge

ORDER

Before the Court is an Objection (Dkt. 138) to Sybase's request for pre-judgment interest, and response and reply thereto. The Court having considered the parties' pleadings and being fully advised, enters the following ORDER:

There being no dispute as to the base amount, Sybase will be granted judgment on its counterclaim against Willnerd for Breach of Contract in the amount of $48,950.

Although Willnerd challenges an award of pre-judgment interest, the Court finds it appropriate under Idaho Code § 28-22-104(1). See Bott v. Idaho State Bldg. Authority, 917 P.2d 737, 748-49 (Idaho 1996). Sybase will therefore be granted pre-judgment interest at a rate of 12% from July 17, 2008 -- Willnerd's termination date -- through the date of judgment. A separate judgment will issue.

20110729

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