Puget Sound Energy, Inc. v. Utility Partners

Good Law
8 F. App'x 782
United States Court of Appeals for the Ninth CircuitApril 27, 2001Nos. 99-35725, 99-35741, 99-36021; D.C. No. CV 97-994-WLDCalifornia728 words

Opinion

Lead Opinion

*783 MEMORANDUM **

This breach of contract suit arises out of a software license agreement between Puget Sound Energy, Inc. (“PSE”) and Utility Partners, L.C. and Utility Partners, Inc. (collectively “UP”). Following a six-day bench trial, on June 2, 1999, the district court issued its Findings of Fact and Conclusions of Law, granting judgment in favor of PSE in the amount of $860,000. The district court denied PSE’s request for prejudgment interest on that amount. In appeal number 99-35725, UP appeals the court’s ruling in favor of PSE. PSE has filed a cross-appeal, case number 99-35741, challenging the district court’s denial of prejudgment interest. On September 7, 1999, the district court filed a Supplemental Judgment, awarding PSE $345,169.05 in attorney’s fees, costs, and expenses. UP appeals this fee award in appeal number 99-36021. Additionally, PSE has filed a motion seeking sanctions pursuant to Fed. R.App. P. 38.

A. No. 99-35725

Following a bench trial, we re.view the district court’s findings of fact for clear error and its conclusions of law de novo. Sattarelli v. The Bob Baker Group Med. Trust, 35 F.3d 382, 384-85 (9th Cir. 1994). UP asserts that the district…

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