Anderson v. United States of America et al

Filing 217

ORDER granting Plaintiff's 215 Motion for Recalculating and Entering Judgment. The Clerk of Court is directed to enter a final and consolidated judgment in favor of plaintiff and against defendant. If additional amounts became due and remain owing after 12/19/2019, Plaintiff may file another breach of contract claim to have those amounts adjudicated and awarded. Signed by Judge Robert S. Lasnik. (LH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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INGE T. ANDERSON,
Plaintiff,

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v.

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SCOTT ALAN ANDERSON,

NO. C17-0891RSL
ORDER DIRECTING ENTRY OF
CONSOLIDATED JUDGMENT

Defendant.

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This matter comes before the Court on plaintiff’s “Motion for Recalculating and Entering
Judgment.” Dkt. # 215. There have been four judgments entered in the above-captioned matter.
In addition, the Ninth Circuit has awarded plaintiff $13,597.50 in attorney’s fees on appeal. Her

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request that all of the disparate awards in her favor be consolidated in a single judgment is

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unopposed and hereby GRANTED. The Clerk of Court is directed to enter a final and

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consolidated judgment in favor of plaintiff and against defendant as follows:

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In the amount of $25,831.47 plus post-judgment interest at the rate of 1.53% per
annum from 1/15/2020 until paid in full.1

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In the amount of $9,193.49 plus post-judgment interest at the rate of 0.07% per
annum from 2/16/2021 until paid in full.

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Any payments made shall be applied to this portion of the judgment until paid in full.

ORDER DIRECTING ENTRY OF
CONSOLIDATED JUDGMENT - 1

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In the amount of $13,597.50 plus post-judgment interest at the rate of 0.07% per
annum from 3/17/2021 until paid in full.
Plus specific performance of defendant’s obligations under the Affidavit of Support
(Form I-864) as set forth in the Court’s orders at Dkt. # 166 and # 184.

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Plaintiff also requests that the Court enter judgment on amounts owing for periods of time not

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considered by the jury. The Court declines. Plaintiff’s motion contains assertions that are

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unsupported (such as the claim that defendant has left the military), are insufficient to perform

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the necessary calculations (there is no indication when the I-864 obligation supposedly increased

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from 100% of poverty level to 125% of poverty level), and are inconsistent with the Court’s
prior rulings (plaintiff declares that she has received no income in 2020 but has apparently - and
improperly - excluded funds she received from the government without any obligation to repay).
Upon entry of the final and consolidated judgment, the above-captioned matter is closed.

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Plaintiff is free to execute on the consolidated judgment pursuant to Fed. R. Civ. P. 69 and, if

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additional amounts became due and remain owing after December 31, 2019, she may file another

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breach of contract claim to have those amounts adjudicated and awarded. 2

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Dated this 22nd day of June, 2021.

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Robert S. Lasnik
United States District Judge

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In the alternative, plaintiff could file a motion for contempt of court, in which case she will
have the burden of demonstrating that the alleged contemnor violated the Court’s order by clear and
convincing evidence, not merely a preponderance of the evidence. In re Dual-Deck Video Cassette
Recorder Antitrust Litig., 10 F.3d 693, 695 (9th Cir. 1993)
ORDER DIRECTING ENTRY OF
CONSOLIDATED JUDGMENT - 2