UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

KIMBERLY J. GUEST-MARCOTTE, 

 Plaintiff, Case No. 15-cv-10738 

v Honorable Thomas L. Ludington 

 Magistrate Judge Patricia T. Morris 

METALDYNE POWERTRAIN 

COMPONENTS, Inc., et al., 

 

Defendants. 

__________________________________________/ 

ORDER OVERRULING PLAINTIFF’S OBJECTION 

Plaintiff Kimberly J. Guest-Marcotte initiated this case by filing her two-count complaint 

on February 27, 2015. Complaint, ECF No. 1. Plaintiff alleges that Defendants violated her 

rights under the Employee Retirement Income Security Act, 29 U.S.C. § 1132(a)(1)(B) and 

(a)(2) (“ERISA”) in denying her request for short term disability benefits, and her rights under 

Michigan’s Persons with Disabilities Civil Rights Act (“PWDCRA”) in subsequently terminating 

her employment. Plaintiff filed her amended complaint on April 19, 2016. See ECF No. 44. On 

December 1, 2016 the magistrate judge issued a report and recommendation addressing 

Plaintiff’s motion for judgment, Plaintiff’s motion for consideration of recent case law, and 

Defendant’s motion to dismiss the case and for judgment on its counterclaim. See ECF No. 54, 

55, 60. The magistrate judge recommended that Plaintiff’s motion for consideration be granted, 

but that her motion for judgment be denied. See ECF No. 63. The report also recommended 

granting Defendant’s motion for judgment and dismissing Plaintiff’s complaint with prejudice. 

In response, Plaintiff filed three objections. See ECF No. 64. Plaintiff did not specifically 

object to the magistrate judge’s finding that judgment should be entered in favor of Defendant as 

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to its counterclaim. By an order dated January 6, 2017 Plaintiff’s objections were overruled on 

the grounds that they were improperly general and merely restated the core arguments previously 

raised and already addressed by the magistrate. The magistrate judge’s report was adopted, and 

Defendant was directed to submit a proposed judgment in compliance with Eastern District of 

Michigan Local Rule 58.1(c). 

Defendant submitted its proposed judgment on January 12, 2017. See ECF No. 68. In 

the proposed judgment, Defendant seeks an award in the amount of $7,286.29 plus prejudgment 

interest from April 24, 2015 and postjudgment interest. Id. On January 17, 2017 Plaintiff filed 

an objection to any award of prejudgment interest. See ECF No. 69. Defendant has since filed a 

response, arguing that the award is appropriate because the 1-year Treasury constant maturity 

rate has been less than 1% and because Plaintiff prolonged Defendant’s attempt to secure 

judgment. 

While Defendant’s argument that Plaintiff’s legal strategy caused unnecessary delay is 

unpersuasive, pre-judgment interest is still appropriate. “Though ERISA does not address the 

propriety of awarding prejudgment interest, prejudgment interest may be awarded in the 

discretion of the district court. Awards of prejudgment interest are compensatory, not punitive, 

and a finding of wrongdoing by the defendant is not a prerequisite to such an award.” Rochow v. 

Life Ins. Co. of N. Am., 780 F.3d 364, 376 (6th Cir.) (quoting Tiemeyer v. Cmty. Mut. Ins. Co., 8 

F.3d 1094, 1103 (6th Cir. 1993)). Plaintiff enjoyed the benefit of payments that she was not 

entitled to. Prejudgment interest has the effect of compensating Defendant for the lost interest 

value of the payments. Furthermore the requested rate is not excessive. Plaintiff’s objection will 

be overruled, and prejudgment interest awarded. 

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Accordingly it is ORDERED that Plaintiff’s objection, ECF No. 69 is OVERRULED. 

Defendant’s proposed judgment will be entered as submitted. 

s/Thomas L. Ludington 

 THOMAS L. LUDINGTON 

 United States District Judge 

Dated: February 2, 2017 

 

PROOF OF SERVICE 

The undersigned certifies that a copy of the foregoing order was served 

upon each attorney or party of record herein by electronic means or first 

class U.S. mail on February 2, 2017. 

 s/Kelly Winslow for 

 MICHAEL A. SIAN, Case Manager 

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