UnderSea Recovery Corporation (UNDR)

[Emily1212]

Case 1:19-cv-00286-SDG Document 36 Filed 02/18/21

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

UNDERSEA RECOVERY CORPORATION, Plaintiff,
v.
MADERO HOLDING, S.A. de C.V., Defendant.

Civil Action No. 1:19-cv-00286-SDG

NOTICE SETTING EVIDENTIARY HEARING

Notice is hereby given that an evidentiary hearing is scheduled in this matter regarding Plaintiff UnderSea Recovery Corporation’s (UnderSea) motion for default judgment [ECF 34] on Wednesday, April 14, 2021 at 2:00 pm before the Honorable Steven D. Grimberg. UnderSea must be prepared to discuss and present evidence establishing Defendant Madero Holdings, S.A. de C.V.’s (Madero’s) liability on its breach of contract claim and, if appropriate, an award of damages. This includes proof establishing a specific amount of damages for (1) the alleged breach of contract; (2) prejudgment interest pursuant to O.C.G.A. § 7-4-16;1. and (3) attorneys’ fees and litigation expenses. Due to the current public health emergency, the hearing will be conducted via remote audio and video means. The dial in instructions are as follows: https://ganduscourts.zoomgov.com/j/16 08599495; meeting ID: 160 859 9495; password: 190571; dial in number 646-828- 7666. If UnderSea intends to tender exhibits during the hearing, electronic copies must be provided to the Court by 5:00 pm on Monday, April 13, 2021. UnderSea is ORDERED to serve a copy of this Order via overnight delivery on Madero at the two addresses listed by UnderSea in the Summonses [ECF 2; ECF 5] or to a more recent, known address.

SO ORDERED this the 18th day of February 2021.

Steven D. Grimberg United States District Court Judge

In the Complaint, UnderSea asserts a claim for prejudgment interest under O.C.G.A. § 7-4-16, which provides a 1.5% interest rate. In its motion for default judgment, UnderSea calculates the alleged interest owed using O.C.G.A. § 7- 4-2, which permits a 7% rate. UnderSea, however, cannot effectively amend its Complaint through a motion for default judgment to seek a different prejudgment interest rate—and increase its sought-after damages—than what it served on Madero through international publication.

Thus, unless UnderSea files and serves Madero with an Amended Complaint, the Court will only consider the prejudgment interest rate expressed in O.C.G.A. § 7-4-16.