Motion for Prejudgment Interest Denied as Untimely

Tuesday, January 2, 2018

In a case demonstrating the importance of complying with express deadlines set forth in the Federal Rules of Civil Procedure, U.S. Magistrate Judge Beth P. Gesner denied a plaintiff’s motion for award of prejudgment interest on the ground that the motion was untimely under Federal Rule of Civil Procedure 59(e).  The motion had been filed within the deadline stipulated to by the parties and approved by the Court, but “well beyond” the required deadline (of 28 days after entry of judgment) set by Rule 59(e).  Judge Gesner held that, based on case law and the plain language of Federal Rule of Civil Procedure 6(b)(2), the court lacked the authority to extend that deadline and the parties had “stipulated to extensions that were prohibited by the Rules.”  Under a Foot Plant, Co. v. Exterior Design, Inc., No. BPG-15-871, 2017 WL 6415265 (D. Md. Dec. 14, 2017).