McClendon v. United States of America, No. 4:2015cv02664 - Document 34 (S.D. Tex. 2016)

Court Description: FINAL JUDGMENT entered. Case terminated on 11/17/16.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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McClendon v. United States of America Doc. 34 United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ROBERT L. McCLENDON, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. § § § § § § § § § November 17, 2016 David J. Bradley, Clerk CIVIL ACTION NO. H-15-2664 FINAL JUDGMENT For the reasons stated in the accompanying Memorandum and Opinion, the United States’s motion for summary judgment, Docket Entry No. 24, is granted. Dr. McClendon is not entitled to a refund of the portion of penalty assessed against him that he has already paid. Dr. McClendon is indebted to the United States in the amount of $4,323,343.70 as of August 27, 2012, less payments already made. Dr. McClendon must pay prejudgment interest on this amount from August 27, 2012, until the date of judgment at the rates set forth in 26 U.S.C. §§ 6601 and 6621, and postjudgment interest under 28 U.S.C. § 1961(c) at the same rates under 26 U.S.C. §§ 6601 and 6621 until paid. SIGNED on November 17, 2016, at Houston, Texas. ______________________________________ Lee H. Rosenthal Chief United States District Judge