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ROCKET JEWELRY BOX, INC. v. QUALITY INTL. PKG. LTD.

August 8, 2003

ROCKET JEWELRY BOX, INC., PLAINTIFF - AGAINST - QUALITY INTERNATIONAL, PACKAGING, LTD., DEFENDANT


The opinion of the court was delivered by: Ronald Ellis, Magistrate Judge

OPINION & ORDER

On August 7, 2003, plaintiff Rocket Jewelry Box, Inc. ("Rocket"), filed a motion requesting that the Court modify the judgment entered in this case against defendant Quality International Packaging, Ltd. ("Quality"). By the Opinion and Order and judgment entered on March 4, 2003, the Court granted Rocket an award of $65,905, as well as prejudgment interest beginning February 5, 1999. On March 17, 2003, Quality filed a notice of appeal to the United States Court of Appeals for the Federal Circuit, contesting, inter alia, the prejudgment interest award.

Rocket now requests that the Court modify the judgment by separating the monetary award from the award of prejudgment interest, and setting an interest rate for the prejudgment interest. Specifically, Rocket seeks (1) a judgment awarding the $65,905 amount and directing the Clerk of the Court to certify the judgment for registration in another district; and (2) a second judgment awarding (a) prejudgment interest, (b) an interest rate of 7.12%, and (c) costs.

WHEREAS the judgment entered on March 4, 2003, is currently on appeal to the United States Court of Appeals for the Federal Circuit, [ Page 2]

IT IS HEREBY ORDERED THAT

(1) Rocket's motion to modify the judgment be DENIED on the ground that the Court lacks jurisdiction to grant such relief pending the appeal; and

(2) Rocket's request that the Court award costs and set a prejudgment interest rate of 7.12% be DENIED WITHOUT PREJUDICE to renewing the request following a disposition from the Court of Appeals.

SO ORDERED.

20030808

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