Wologo v. Transamerica Life Insurance Company et al

Filing 67

OPINION and Order Regarding 66 Defendants' Rule 60(a) Motion to Correct Judgment Amount. Motion is granted. 64 Opinion and Order is amended and corrected to direct recovery by Defendant Transamerica of $238,446.51 from Wologo on its counterclaim. 65 Judgment is vacated. An Amended Judgment shall enter. Signed by Judge Mark W Bennett on 2/9/2018. (copy w/nef to non-ecf plaintiff) (des)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CEDAR RAPIDS DIVISION
ALBERT S. WOLOGO,
No. C 17-136-MWB
Plaintiff,
vs.
TRANSAMERICA LIFE INSURANCE
COMPANY and AEGON USA
INVESTMENT MANAGEMENT,

OPINION AND ORDER
REGARDING DEFENDANTS’ RULE
60(a) MOTION TO CORRECT
JUDGMENT AMOUNT

Defendants.
___________________________
This case is before me on the defendants’ February 9, 2018, Rule 60(a) Motion
To Correct Judgment Amount. In that Motion, the defendants point out that the Judgment
amount entered on February 2, 2018, was $238,884.13, the amount claimed in their
counterclaim, but that the correct amount, as indicated in their Statement Of Material
Facts in support of their Motion For Summary Judgment was $238,446.51, because of
an offset of $437.62 of plaintiff’s commissions. I find that Rule 60(a) of the Federal
Rules of Civil Procedure expressly provides for correction of such a clerical mistake or
oversight. I agree with the defendants that such a mistake was made and apologize for
the error.
THEREFORE,
1.

The defendants’ February 9, 2018, Rule 60(a) Motion To Correct Judgment

Amount (docket no. 66) is granted;
2.

The February 2, 2018, Opinion And Order Regarding Defendants’ Motion

For Summary Judgment (docket no. 64) is amended and corrected, on page 3, to direct
recovery by Defendant Transamerica of $238,446.51 from Wologo on its counterclaim;

3.

The February 2, 2018, Judgment (docket no. 65) is vacated;

4.

An Amended Judgment shall enter reflecting the correct amount of

$238,446.51 as defendant Transamerica’s recovery on its counterclaim.
IT IS SO ORDERED.
DATED this 9th day of February, 2018.

______________________________________
MARK W. BENNETT
U.S. DISTRICT COURT JUDGE
NORTHERN DISTRICT OF IOWA

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