Kingston v. International Business Machines Corporation

Filing 234

ORDER re Parties' 233 Stipulated MOTION Directing Entry of Judgment. The Court DIRECTS the Clerk to enter final amended judgment as follows: (1) $1,874,302.00 for past economic loss; (2) $3,097,642.00 for future economic loss; (3) &# 036;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 o ffset award of $1,117,508.00; (7) $345,870.57 in attorneys' fees incurred on appeal; (8) $23,523.69 in taxable costs awarded in Dkt. No. 174 ; (9) $32,787.50 in attorneys' fees incurred post-appeal; and (10) $340,177.05 in interest through the date of the amended judgment. Plaintiff's motion for attorneys' fees and interest (Dkt. No. 226 ) is DENIED as moot. Signed by Judge Marsha J. Pechman. (SB)

THE HONORABLE MARSHA J. PECHMAN

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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7 SCOTT KINGSTON,
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Plaintiff,

Case No. 2:19-cv-01488-MJP

v.

10 INTERNATIONAL BUSINESS MACHINES
CORPORATION, a New York corporation,
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Defendant.
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STIPULATION AND ORDER
DIRECTING ENTRY OF
JUDGMENT

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I.

STIPULATION

Plaintiff Scott Kingston and Defendant International Business Machines Corporation

17 stipulate that the Court should enter an amended judgment in Plaintiff’s favor as follows: (1)
18 $1,874,302.00 for past economic loss; (2) $3,097,642.00 for future economic loss; (3)
19 $113,728.00 for unpaid sales commissions; (4) $1,500,000.00 for noneconomic damages; (5)
20 $1,514,337.00 in attorneys’ fees and $40,124.19 in nontaxable litigation expenses incurred
21 through trial and up to the appeal; (6) a tax offset award of $1,117,508.00; (7) $345,870.57 in
22 attorneys’ fees incurred on appeal; (8) $23,523.69 in taxable costs awarded in Dkt. No. 174; (9)
23 $32,787.50 in attorneys’ fees incurred post-appeal; and (10) $340,177.05 in interest through the
24 date of the amended judgment.
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This stipulation moots the motion for attorneys’ fees and interest filed at Dkt. No. 226.

26 There are no remaining issues in this matter, and the case may be closed.
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STIPULATION AND ORDER DIRECTING
ENTRY OF JUDGMENT - 1
Case No. 2:19-cv-01488-MJP

TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
TEL. [phone] • FAX [phone]
www.terrellmarshall.com

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RESPECTFULLY SUBMITTED AND DATED this 3rd day of February, 2023.

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TERRELL MARSHALL LAW
GROUP PLLC

JACKSON LEWIS P.C.

By: /s/ Toby J. Marshall, WSBA #32726
Toby J. Marshall, WSBA #32726
Email: [e-mail]
936 North 34th Street, Suite 300
Seattle, Washington 98103
Telephone: [phone]
Facsimile: [phone]

By: /s/ Barry Alan Johnsrud, WSBA #21952
Barry Alan Johnsrud, WSBA #21952
Email: [e-mail]
520 Pike Street, Suite 2300
Seattle, Washington 98101
Telephone: [phone]
Facsimile: 206-405-4450

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Matthew E. Lee, Admitted Pro Hac Vice
Email: [e-mail]
Mark R. Sigmon, Admitted Pro Hac Vice
[e-mail]
Jeremy R. Williams, Admitted Pro Hac Vice
Email: [e-mail]
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN
900 W. Morgan Street
Raleigh, North Carolina 27603
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff

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Justin R. Barnes, Admitted Pro Hac Vice
Email: [e-mail]
Kelli N. Church, Admitted Pro Hac Vice
Email: [e-mail]
JACKSON LEWIS P.C.
171 17th Street, N.W., Suite 1200
Atlanta, Georgia 30363
Telephone: [phone]
JONES DAY
By: /s/ Traci L. Lovitt
Traci L. Lovitt, Admitted Pro Hac Vice
Email: [e-mail]
Erika D. Cagney, Admitted Pro Hac Vice
Email: [e-mail]
250 Vesey Street
New York, New York 10281
Telephone: [phone]
Jeffrey J. Jones, Admitted Pro Hac Vice
Email: [e-mail]
JONES DAY
150 West Jefferson, Suite 2100
Detroit, Michigan 48226-4438
Telephone: [phone]

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Attorneys for Defendant

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STIPULATION AND ORDER DIRECTING
ENTRY OF JUDGMENT - 2
Case No. 2:19-cv-01488-MJP

TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
TEL. [phone] • FAX [phone]
www.terrellmarshall.com

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II.

ORDER

Pursuant to the parties’ stipulation and finding good cause, the Court DIRECTS the Clerk

3 to enter final amended judgment as follows: (1) $1,874,302.00 for past economic loss; (2)
4 $3,097,642.00 for future economic loss; (3) $113,728.00 for unpaid sales commissions; (4)
5 $1,500,000.00 for noneconomic damages; (5) $1,514,337.00 in attorneys’ fees and $40,124.19 in
6 nontaxable litigation expenses incurred through trial and up to the appeal; (6) a tax offset award
7 of $1,117,508.00; (7) $345,870.57 in attorneys’ fees incurred on appeal; (8) $23,523.69 in
8 taxable costs awarded in Dkt. No. 174; (9) $32,787.50 in attorneys’ fees incurred post-appeal;
9 and (10) $340,177.05 in interest through the date of the amended judgment.
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Plaintiff’s motion for attorneys’ fees and interest (Dkt. No. 226) is DENIED as moot.

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This case is CLOSED.

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IT IS SO ORDERED.

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Dated this 3rd day of February, 2023.

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A

MARSHA J. PECHMAN
United States Senior District Judge

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STIPULATION AND ORDER DIRECTING
ENTRY OF JUDGMENT - 3
Case No. 2:19-cv-01488-MJP

TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
TEL. [phone] • FAX [phone]
www.terrellmarshall.com