Adams, et al v. USA

Filing 1667

MEMORANDUM DECISION & ORDER Regarding Final Collateral Source Figures. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO ) TIMM ADAMS, et al., ) ) Plaintiffs, ) ) v. ) ) UNITED STATES OF AMERICA, ) et al., ) ) Defendants. ) ______________________________) Case No. CV-03-49-E-BLW MEMORANDUM DECISION AND ORDER REGARDING FINAL COLLATERAL SOURCE FIGURES

In an earlier decision, the Court made findings on the collateral source issues and then set forth its dollar-amount findings on a chart. There were a few debtbased costs that had not been calculated, and the Court noted in its chart that the figures needed "to be computed." The Court directed plaintiffs to provide those calculations. They have now done so through the Affidavit of Cornelius Hofman, and the defendants filed no objections thereto. The Court will therefore adopt those figures, and provide a complete chart of the collateral source offsets below.

Memorandum Decision & Order re Collateral Source Issues ­ page 1

Offsets Under Legislative Programs Crop Net Offset DebtBased Cost $36,411 $57,504 $191,260 $94,449 Total Offset $83,683 $146,207 $439,570 $271,085

Jentzsch-Kearl 2000 potatoes Jentzsch-Kearl 2001 Sugar Beets Hansen 2000 Potatoes Hansen 2002 Potatoes

$47,272 $88,703 $248,310 $176,636

Offsets From Federal Insurance Payments Crop Funk 2001 Barley Funk 2001 Sugar Beets Funk 2001 Wheat Funk 2002 Potatoes Funk 2002 Sugar Beets Funk 2002 Wheat Funk 2003 Wheat Hansen 2002 Potatoes Hansen 2003 Potatoes Net Offset $7,743 $396 $5,861 $24,899 $10,009 $5,215 $8,637 0 $7,983 Debt-Based Cost $4,449 $228 $3,367 $11,843 $4,761 $2,481 $3,308 0 $3,424 Total Offset $12,192 $624 $9,228 $36,742 $14,770 $7,696 $11,945 0 $11,407

Memorandum Decision & Order re Collateral Source Issues ­ page 2

Offsets From Federal Insurance Payments Jentzsch-Kearl 2001 Sugar Beets Jentzsch-Kearl 2002 Sugar Beets 0 $22,674 0 $12,124 0 $34,798

DATED: January 18, 2010

Honorable B. Lynn Winmill Chief U. S. District Judge

Memorandum Decision & Order re Collateral Source Issues ­ page 3