Nunez et al v. Nunez et al
Filing
41
MEMORANDUM DECISION granting 38 Motion to Amend/Correct Default Judgment to Include Appointment of Scott N. Rasmussen as Permanent Successor Trustee of the Nunez Family Revocable Inter Vivos Trust. Signed by Judge Ted Stewart on 4/25/14. (ss) Modified by marking this order as a memorandum decision on 4/25/2014 (rks).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
JENNIFER ELLEN NUNEZ, and
CHRISTY MARIE RICE, fka CHRISTY
MARIE NUNEZ, individually, as heirs of
the ESTATE OF ANTHONY NUNEZ, and
as beneficiaries of THE NUNEZ FAMILY
REVOCABLE INTER VIVOS TRUST,
MEMORANDUM DECISION AND
ORDER GRANTING MOTION TO
AMEND JUDGMENT
Plaintiffs,
v.
Case No. 1:13-CV-126 TS
MICHAEL KEVIN NUNEZ, JR.,
individually and as TRUSTEE OF THE
NUNEZ FAMILY REVOCABLE INTER
VIVOS TRUST; RAYNIE NUNEZ and
Does 1-10,
Defendants.
This matter is before the Court on Plaintiffs Jennifer Ellen Nunez and Christy Marie
Rice’s Motion to Amend Order Granting Default Judgment to Include Appointment of Scott N.
Rasmussen as Permanent Successor Trustee of the Nunez Family Revocable Inter Vivos Trust. 1
For the reasons discussed below, the Court will grant Plaintiffs’ Motion.
On April 21, 2014, this Court entered its Memorandum Decision and Order Granting
Default Judgment. 2 In that Order, the Court granted Plaintiffs judgment against the Defendants
in the amount of $621,439.02, plus prejudgment and post-judgment interest at the statutory rate.
1
Docket No. 38.
2
Docket No. 37.
1
Judgment was entered on April 22, 2014. 3 Pursuant to an earlier order in this case, the Court
appointed Scott Rasmussen to serve as the successor trustee of the Nunez Family Trust.
Plaintiffs now seek to make Mr. Rasmussen’s appointment as trustee permanent by including his
appointment in the judgment in this case.
Federal Rule of Civil Procedure 60(b) provides that the Court, on motion or on its own,
“may correct a clerical mistake or a mistake arising from oversight or omission whenever one is
found in a judgment.”
A district court is not limited under Rule 60(a) to the correction of clerical
mistakes arising from oversight or omission. Rather, a district court may also
invoke Rule 60(a) to resolve an ambiguity in its original order to more clearly
reflect its contemporaneous intent and ensure that the court’s purpose is fully
implemented. 4
Here, it was that Court’s intent that Mr. Rasmussen continue to serve as the successor
trustee for the Nunez Family Trust. However, the Court’s prior orders and the Judgment are
ambiguous on this point. The Court will therefore grant Plaintiffs’ Motion and amend the
Judgment to reflect that Mr. Rasmussen’s appointment as the successor trustee for the Nunez
Family Trust is made permanent. As was made clear in the Court’s prior orders, Mr. Rasmussen
shall be empowered to take whatever reasonable steps are necessary to identify, recover, and
protect the Nunez Family Trust assets.
3
See Docket No. 40.
4
Burton v. Johnson, 975 F.2d 690, 694 (10th Cir. 1992), cert. denied, 507 U.S. 1043
(1993) (citing McNickle v. Bankers Life and Cas. Co., 888 F.2d 678, 682 (10th Cir. 1989); Pan.
Processes, S.A. v. Cities Serv. Co., 789 F.2d 991, 993 (2d Cir. 1986)).
2
Based on the foregoing, it is hereby
ORDERED that Plaintiffs’ Motion to Amend Order Granting Default Judgment to
Include Appointment of Scott N. Rasmussen as Permanent Successor Trustee of the Nunez
Family Revocable Inter Vivos Trust (Docket No. 38) is GRANTED. The Clerk of Court is
directed to amend the Judgment in this case to reflect that Mr. Rasmussen’s appointment as the
successor trustee for the Nunez Family Trust is made permanent.
DATED April 25, 2014.
BY THE COURT:
_______________________________
TED STEWART
United States District Judge
3
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