The United States Court of Appeals for the 2nd Circuit held that a plaintiffcould not recover pre-judgment interest to the extent that such interest couldresult in an award exceeding the amount prayed for and, in addition, that aprayer for “such other and further relief as the Court deems just and proper” didnot constitute a demand for pre-judgment interest. In Silge v. Mertz, 510 F.3d157 (2nd Cir. 2007), plaintiff obtained a default judgment. The demand clause ofthe complaint sought judgment “in the sum of $1,153,545.” The demand made inthe complaint reflected interest through March 31, 2005. The plaintiff filed adeclaration and exhibit with the court seeking pre-judgment interest throughAugust, 2005. The lower court denied his claim for additional pre-judgmentinterest. The Court pointed out that Rule 54(c) of the Federal Rules of CivilProcedure provides:
A judgment by default shall not be different in kindfrom or exceed in amount that prayed for in thedemand for judgment. Except as to a party againstwhom a judgment is entered by default, every finaljudgment shall grant the relief to which the party inwhose favor it is rendered is entitled, even if the partyhas not demanded such relief in the party’s pleadings.
The court also denied plaintiff’s contention that his demand for prejudgmentinterest was implied by the generic request for “such other and furtherrelief.” The Court said:
In reaching this result, we must reject Silge’sargument that his demand for pre-judgment interestwas implied by his generic request for “such other andfurther relief” which this Court deems just and proper.”It has been observed that “language??seeking ‘suchother and further relief as the court may deem proper’is mere boilerplate, meant to cover all bases as to theclaims asserted in the complaint.” Nagrampa v.Mailcoups, Inc., 469 F.3d 1257, 1277 n. 6 (9th Cir.2006). Whatever its import in other contexts, thisformulaic language cannot substitute for themeaningful notice called for by Rule 54(c), whichanticipates that defendants will look to the demandclause to understand their exposure in the event ofdefault.