Kingston v. International Business Machines Corporation

Filing 227

ORDER Directing Entry of Judgment. The Court DIRECTS the Clerk to enter final judgment as follows: (1) $1,874,302.00 for past economic loss, (2) $3,097,642.00 for future economic loss, (3) $113,728.00 for unpaid sales commissions; (4) $1,500,000.00 for noneconomic damages; (5) $1,514,337.00 in attorneys' fees and $40,124.19 in nontaxable litigation expenses incurred through trial and up to the appeal; (6) a tax offset award of $1,117,508.00; and (7) $ 345,870.57 in attorneys' fees incurred on appeal. The Court will separately issue an order resolving the Parties' dispute as to attorneys' fees incurred on remand and the amount and rates of pre- and post-judgment interest. Signed by Judge Marsha J. Pechman. (SB)

Case 2:19-cv-01488-MJP Document 227 Filed 01/11/23 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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SCOTT KINGSTON,
Plaintiff,

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CASE NO. C19-1488 MJP

v.

ORDER DIRECTING ENTRY OF
JUDGMENT

INTERNATIONAL BUSINESS
MACHINES CORPORATION,
Defendant.

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This matter comes before the Court on Plaintiff Scott Kingston’s Notice of Acceptance of
Remittitur. (Dkt. No. 225.) Through the Notice, Kingston has accepted the remitttur of the
noneconomic damages to $1.5 million. Kingston also asks the Court to enter final judgment on
damages, interest, costs, the tax setoff, and attorneys’ fees. Kingston notes that the only
remaining issues are what interest rates apply and how they apply to the award of economic
damages and his additional request for attorneys’ fees on incurred on remand. The Court agrees
with this request in part and DIRECTS the Clerk to enter final judgment as follows:

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ORDER DIRECTING ENTRY OF JUDGMENT - 1

Case 2:19-cv-01488-MJP Document 227 Filed 01/11/23 Page 2 of 2

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(1) $1,874,302.00 for past economic loss, (2) $3,097,642.00 for future economic loss, (3)

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$113,728.00 for unpaid sales commissions; (4) $1,500,000.00 for noneconomic damages; (5)

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$1,514,337.00 in attorneys’ fees and $40,124.19 in nontaxable litigation expenses incurred

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through trial and up to the appeal; (6) a tax offset award of $1,117,508.00; and (7) $345,870.57

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in attorneys’ fees incurred on appeal.

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One Kingston’s pending motion ripens (Dkt. No. 226), the Court will separately issue an

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order resolving the Parties’ dispute as to attorneys’ fees incurred on remand and the amount and

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rates of pre- and post-judgment interest.

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The clerk is ordered to provide copies of this order to all counsel.
Dated January 11, 2023.

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Marsha J. Pechman
United States Senior District Judge

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ORDER DIRECTING ENTRY OF JUDGMENT - 2