Opinion
8:22-cv-01325-FWS
07-24-2024
THOMAS E. ANDREWS ET AL., Plaintiffs, v. MATHEW J. MICHALSKI ET AL, Defendants.
ORDER ON STIPULATION FOR ENTRY OF JUDGMENT [98]
HON. FRED W. SLAUGHTER, UNITED STATES DISTRICT JUDGE
Having reviewed and considered Stipulation for Entry of Judgment [98] (“Stipulation”), the files and records of the court, the applicable law, and good cause appearing, the court APPROVES the Stipulation, and FINDS and ORDERS the following consistent with the Stipulation:
The Stipulation is incorporated into this Order by this reference.
1. There is a divorce Decree in the District of Utah for the Third District of Salt Lake County West Jordan No: 224906012 (the “Decree”). Under the terms of the Stipulation, all obligations under that Decree are settled and resolved by payments from Defendant Ruthellen Anna Sheflin (“Ruth”) to Plaintiff Thomas E. Andrews (“Tom”): (A) of a one-time down payment of spousal support of $10,000.00, within two months (Due Date of July 8, 2024) of the Stipulation, and (B) of alimony/spousal support payments of $300 per month commencing June 1, 2024, due on the first of every month and terminating eight years from June 1, 2024, with no interest accruing thereon, for a sum total of all payments due to Tom by Ruth of $38,800.00. All said payments are considered alimony/spousal support.
Fulfillment of this section by Ruth resolves all money issues of the Decree.
2. As to the elements of personal property listed in the Decree, all obligations listed are resolved with the following representations: (i) Yosemite Sam thumb drive has been mailed by Ruth, who claims she mailed the Yosemite Sam
thumb drive to Tom on Monday May 29, 2024, and (ii) Ruth will continue to conscientiously look for the Cartier diamond ring and turn it over to Tom if and when she finds it.
Fulfillment of this section by Ruth resolves all personal property issues of the Decree.
3. The parties stipulated deferred judgment of $78,000.00, involving the Estate of Thomas Earl Andrews in the State of Utah, 4th Judicial District Nephi District Court No: 213600005 (“Utah Judgment”). Under the terms of the Stipulation, Plaintiff agrees that there shall be forever a bar of execution and collections upon that Utah Judgment against Ruth, as long as Ruth shall execute all terms under section 1 of the Stipulation. Otherwise, a judgment of $78,000.00 in favor of the estate of Thomas Earl Andrews shall be placed against Ruth in that action, to the extent permitted by law.
4. With regard to this civil action, Thomas E. Andrews v. Mathew J. Michalski, Central District of California USDC No. 8:22-CV-01325, the case will be dismissed with prejudice as to all listed Defendants, including, but not
limited to Ruth, upon the payment of $10,000.00 under paragraph 1 of the Stipulation.
5. Ruth shall dismiss with prejudice a protective order and divorce action, in the Superior Court of California for the County of Orange, case number 21D008572. Tom shall dismiss with prejudice the protective order action, State of Utah, County of Salt Lake, case number 21H0009866.
6. Ruth and Tom enter into a mutual agreement to not harass, intimidate, electronically, or in person to otherwise disturb the peace of person or places of home and business of the other. This mutual agreement applies to both Ruth and Tom, and including, but not limited to the individuals in the parties sphere of influence: spouses, live in boyfriend and girlfriend, roommates, spouses, in-laws, the parties respective children, immediate, and extended family members. The parties also agreed to not commit any acts of domestic violence as defined under California law.
7. There are some personal photos of Ruth in Tom's possession which Tom will destroy and dispose of.
8. Tom agrees to cease pursuing future lawsuits against Ruth for all matters that pre-date the Stipulation.
9. There shall be no penalty for early payment of any or all the payments of $300 specified in paragraph 1 above.
10. If Ruth fails to fulfill the terms outlined in paragraph l above, and upon the filing the declaration of default of payment and approval by the court, a judgment in favor of Tom shall be entered by the clerk of the Court for an amount of $38,800.00, less credit given for payments received, all as specified in the declaration of default of payment.
11. All payments in paragraph 1 above shall be made payable to Thomas E Andrews.
12. All payments shall be mailed as follows: Thomas E. Andrews 12912 Brookhurst St. Suite 325, Garden Grove, CA 92840.
13. Should Ruth fail to make any payment as required in paragraph 1 above, Tom shall send a notice of default of monthly payments of debt under this Stipulation and/or $10,000.00 of debt under the Stipulation, by regular first class United States postal mail to Ruth at the following address: P.O. Box 2671, Orange, CA 92859. If after 15 days from the
date of mailing of the notice of default in payment, if Ruth fails to pay the amount past due as specified in the notice of default of payment, then without further notice to Ruth, Tom may apply for entry of judgment as set forth above in paragraph 10.
14. The Judgment specified above in paragraph 10 shall bear interest at a rate of 10% per annum.
15. The obligations of the Stipulation shall be binding on both parties and their respective successors or assigns.
IT IS SO ORDERED.