Klein v. Patterson

Filing 82

ORDER adopting Report and Recommendations re 61 Report and Recommendations.; granting 64 Motion for Summary Judgment and enters judgment against Ms. Patterson in the amount of $1,472,425.96, together with prejudgment intere st calculated from the time of the respective fraudulent transfers to Ms. Patterson until entry of this order. Mr. Klein shall submit briefing on the prejudgment interest calculation and a proposed form of judgment on or before August 2, 2013. Magistrate Judge Paul M. Warner no longer assigned to case; denying 29 Motion for Judgment on the Pleadings Magistrate Judge Paul M. Warner no longer assigned to case. Signed by Judge Clark Waddoups on 7/16/13. (jmr)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION

R. WAYNE KLEIN,

ORDER
Plaintiff,

v.

Case No. 2:11-cv-723-CW

CONNIE C. PATTERSON,

Judge Clark Waddoups

Defendant.

This case was assigned to United States District Court Judge Clark Waddoups, who then
referred it to United States Magistrate Paul M. Warner under 28 U.S.C. § 636(b)(1)(B). On
December 21, 2012, Judge Warner issued a Report and Recommendation addressing a Motion for
Judgment on the Pleadings filed by plaintiff R. Wayne Klein. Mr. Klein is a court-appointed
Receiver.

Defendant Connie C. Patterson did not file an objection to the Report and

Recommendation. Instead, she file a Non-negotiable Notice of Acceptance and Notice of Dishonor,
which the court construes as a response to the Report and Recommendation. Neither document,
however, states a legal basis for opposing the Report and Recommendation. See Dkt. Nos. 62 and
63.
Despite moving for judgment on the pleadings and Judge Warner issuing a recommendation
to grant the motion, Mr. Klein filed a motion for summary judgment on February 11, 2013. In the
complaint and motion for judgment on the pleadings, Mr. Klein asserted damages in the amount of
at least $1,000,762.54. In the motion for summary judgment, Mr. Klein increased the claim for
damages to $1,472,425.96 based on newly discovered evidence of alleged fraudulent transfers. See

Statement of Facts, ¶ 6 (Dkt. No. 70). Ms. Patterson again filed a Non-negotiable Notice of
Acceptance and a Certificate of Dishonor. Notably, neither document refutes the new claim for
damages or places material facts in dispute.
Accordingly for good cause appearing the court hereby APPROVES AND ADOPTS the legal
analysis in Judge Warner’s Report and Recommendation,1 but DENIES AS MOOT the Motion for
Judgment on the Pleadings2 because it has been superseded by the damage claim in the summary
judgment motion. The court GRANTS the Motion for Summary Judgment3 and enters judgment
against Ms. Patterson in the amount of $1,472,425.96, together with prejudgment interest calculated
from the time of the respective fraudulent transfers to Ms. Patterson until entry of this order. Mr.
Klein shall submit briefing on the prejudgment interest calculation and a proposed form of judgment
on or before August 2, 2013.
SO ORDERED this 16th day of July, 2013.
BY THE COURT:

____________________________________
Clark Waddoups
United States District Judge

1

Dkt. No. 61.

2

Dkt. No. 29.

3

Dkt. No. 64.
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