K7 Design Group, Inc. v. Walmart Inc., 5:21-cv-05069, No. 197 (W.D.Ark. Jul. 24, 2023)

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K7 Design Group, Inc. v. Walmart Inc., 5:21-cv-05069, No. 197 (W.D.Ark. Jul. 24, 2023)

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Case 5:21-cv-05069-CDC Document 197 Filed 07/24/23 Page 1 of 2 PageID #: 3382
`
`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF ARKANSAS
`FAYETTEVILLE DIVISION
`
`K7 DESIGN GROUP, INC.
`
`
`
` PLAINTIFF
`
`v.
`
`CASE NO. 5:21-CV-5069
`
`WALMART INC. d/b/a SAM’S CLUB
`
`DEFENDANT
`
`JUDGMENT
`
`On June 5, 2023, this matter came before the Court for jury trial, and Plaintiff, K7 Design
`
`Group, Inc., appeared in person and by its attorneys, David B. Newman, Joseph B. Shumofsky,
`
`Ahmed J. Kassim and Kirkman T. Dougherty, and Defendant, Walmart, Inc. d/b/a/ Sam’s Club,
`
`appeared in person and by its attorneys, John Tull, Vincent Chadick, Ryan Younger, and Glenn
`
`Larkin. A jury composed of eight members of the regular panel of petit Jurors of this Court was
`
`selected, impaneled, and sworn according to law, and the trial was conducted on June 5-9, 2023.
`
`After hearing all of the evidence introduced, the instructions of the Court, and the arguments of
`
`counsel, the Jury retired to consider its verdict, and, after deliberating thereon, returned its verdict
`
`– answers to interrogatories – which were filed of record on June 9, 2023. (See Redacted ECF No.
`
`191; Un-redacted ECF No. 190).
`
`IT IS THEREFORE ORDERED AND ADJUDGED that Plaintiff, K7 Design Group, Inc.,
`
`is hereby awarded JUDGMENT over and against Defendant, Walmart, Inc. d/b/a Sam’s Club, in
`
`the total amount of $8,607,540.28, calculated by adding the Jury’s award of compensatory damages
`
`to Plaintiff in Interrogatory No. 4 ($7,157,426.14) to the amount of recoverable prejudgment interest
`
`

`Case 5:21-cv-05069-CDC Document 197 Filed 07/24/23 Page 2 of 2 PageID #: 3383
`
`($1,450,114.14)1.
`
`This Judgment shall accrue post-judgment interest from and after this date as provided by
`
`28 U.S.C. §1961(a), with an applicable post-judgment interest rate of 5.35%2 published by the
`
`Federal Reserve on July 20, 2023.
`
`IT IS SO ORDERED this 24th day of July 2023.
`
`_______________________________________
`CHRISTY COMSTOCK
`UNITED STATES MAGISTRATE JUDGE
`
`1Prejudgment interest was calculated pursuant to Ark. Code Ann. § 16-65-114(a)(1)(A) to
`be an annual rate of 7.25%. Overruling Defendant’s objections (ECF No. 194); using a
`commencement date of October 7, 2020, as supported by evidence admitted during trial; and
`engaging in a simple interest calculation using the damages awarded in Interrogatory No. 4, the Court
`finds pre-judgment interest accrued at a daily rate of $1,421.68.
`
`2 See https://fred.stlouisfed.org/series/DGS1.
`
`Page 2 of 2
`
`

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