Wolfe v. United States of America, Department of Defense, Department of the Navy et al
Filing
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ORDER by Judge Richard A Jones. The court DENIES Plaintiff's motion to force Defendant to pay the settlement in this case on the timetable that Plaintiff prefers. Dkt. # 18 . The court directs the clerk to DISMISS this case with prejudice, reflecting the parties' settlement agreement. (CL)
HONORABLE RICHARD A. JONES
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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DIANA WOLFE,
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Plaintiff,
CASE NO. C12-1891RAJ
v.
ORDER
UNITED STATES OF AMERICA,
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Defendant.
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The court DENIES Plaintiff’s motion to force Defendant to pay the settlement in
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this case on the timetable that Plaintiff prefers. Dkt. # 18. The court directs the clerk to
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DISMISS this case with prejudice, reflecting the parties’ settlement agreement.
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The parties signed a settlement agreement on October 8, 2013. That agreement
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required Defendant to pay Plaintiff $97,000. The agreement imposed no payment
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deadline. On October 31, Plaintiff filed the motion now before the court, demanding that
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the court impose a payment deadline of November 12. Plaintiff improperly noted that
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motion, and later amended her request, asking for a deadline of November 22. The sole
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basis for Plaintiff’s motion is her insistence that the deadline she prefers is “more than
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enough time for Defendant to deposit the proceeds of settlement.” She offers no basis at
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all for her belief that mid-November was “more than enough time.”
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Defendant, by contrast, has offered evidence demonstrating that it takes time for
the federal government to pay a judgment. By Defendant’s estimate, Plaintiff would
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ORDER – 1
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have been paid last month. The court has no idea if Plaintiff has been paid; no one has
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updated the court on the status of payment.
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The court acknowledges Defendant’s contention that Plaintiff’s implicit claim for
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breach of the settlement agreement is a claim over which the Court of Federal Claims has
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exclusive jurisdiction. The court expresses no view on that contention; Plaintiff did not
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even respond to it. The court holds that to the extent it has jurisdiction to rule on
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Plaintiff’s claim, its ruling is that Plaintiff’s claim is without basis. If Plaintiff wished to
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be paid by a date certain, she should have contracted for payment by a date certain.
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Plaintiff did not. Absent evidence that Defendant is unreasonably delaying payment (and
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there is no such evidence), the court will not grant relief.
The parties did not respond to the court’s October 29 docket entry requiring them
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to submit a stipulation of dismissal. The settlement agreement mandates a dismissal with
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prejudice. The court therefore directs the clerk to dismiss this action with prejudice.
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DATED this 3rd day of January, 2014.
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A
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The Honorable Richard A. Jones
United States District Court Judge
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ORDER – 2
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