Wologo v. Transamerica Life Insurance Company et al, No. 1:2017cv00136 - Document 67 (N.D. Iowa 2018)
Court Description: OPINION and Order Regarding 66 Defendants' Rule 60(a) Motion to Correct Judgment Amount. Motion is granted. 64 Opinion and Order is amended and corrected to direct recovery by Defendant Transamerica of $238,446.51 from Wologo on its counterclaim. 65 Judgment is vacated. An Amended Judgment shall enter. Signed by Judge Mark W Bennett on 2/9/2018. (copy w/nef to non-ecf plaintiff) (des)
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Wologo v. Transamerica Life Insurance Company et al Doc. 67 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA CEDAR RAPIDS DIVISION ALBERT S. WOLOGO, No. C 17-136-MWB Plaintiff, vs. TRANSAMERICA LIFE INSURANCE COMPANY and AEGON USA INVESTMENT MANAGEMENT, OPINION AND ORDER REGARDING DEFENDANTS’ RULE 60(a) MOTION TO CORRECT JUDGMENT AMOUNT Defendants. ___________________________ This case is before me on the defendants’ February 9, 2018, Rule 60(a) Motion To Correct Judgment Amount. In that Motion, the defendants point out that the Judgment amount entered on February 2, 2018, was $238,884.13, the amount claimed in their counterclaim, but that the correct amount, as indicated in their Statement Of Material Facts in support of their Motion For Summary Judgment was $238,446.51, because of an offset of $437.62 of plaintiff’s commissions. I find that Rule 60(a) of the Federal Rules of Civil Procedure expressly provides for correction of such a clerical mistake or oversight. I agree with the defendants that such a mistake was made and apologize for the error. THEREFORE, 1. The defendants’ February 9, 2018, Rule 60(a) Motion To Correct Judgment Amount (docket no. 66) is granted; 2. The February 2, 2018, Opinion And Order Regarding Defendants’ Motion For Summary Judgment (docket no. 64) is amended and corrected, on page 3, to direct recovery by Defendant Transamerica of $238,446.51 from Wologo on its counterclaim; Dockets.Justia.com 3. The February 2, 2018, Judgment (docket no. 65) is vacated; 4. An Amended Judgment shall enter reflecting the correct amount of $238,446.51 as defendant Transamerica’s recovery on its counterclaim. IT IS SO ORDERED. DATED this 9th day of February, 2018. ______________________________________ MARK W. BENNETT U.S. DISTRICT COURT JUDGE NORTHERN DISTRICT OF IOWA 2
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