Opinion
2:19-cv-01488-MJP
02-03-2023
SCOTT KINGSTON, Plaintiff, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation, Defendant.
Toby J. Marshall, WSBA #32726 Matthew E. Lee, Admitted Pro Hac Vice Mark R. Sigmon, Admitted Pro Hac Vice Jeremy R. Williams, Admitted Pro Hac Vice MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN Attorneys for Plaintiff Barry Alan Johnsrud, WSBA #21952 Justin R. Barnes, Admitted Pro Hac Vice Kelli N. Church, Admitted Pro Hac Vice JACKSON LEWIS P.C. JONES DAY Traci L. Lovitt, Admitted Pro Hac Vice Erika D. Cagney, Admitted Pro Hac Vice Jeffrey J. Jones, Admitted Pro Hac Vice Attorneys for Defendant
Toby J. Marshall, WSBA #32726 Matthew E. Lee, Admitted Pro Hac Vice Mark R. Sigmon, Admitted Pro Hac Vice Jeremy R. Williams, Admitted Pro Hac Vice MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN Attorneys for Plaintiff
Barry Alan Johnsrud, WSBA #21952 Justin R. Barnes, Admitted Pro Hac Vice Kelli N. Church, Admitted Pro Hac Vice JACKSON LEWIS P.C. JONES DAY Traci L. Lovitt, Admitted Pro Hac Vice Erika D. Cagney, Admitted Pro Hac Vice Jeffrey J. Jones, Admitted Pro Hac Vice Attorneys for Defendant
STIPULATION AND ORDER DIRECTING ENTRY OF JUDGMENT
MARSHA J. PECHMAN UNITED STATES SENIOR DISTRICT JUDGE
I. STIPULATION
Plaintiff Scott Kingston and Defendant International Business Machines Corporation stipulate that the Court should enter an amended judgment in Plaintiff's favor 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; (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.
This stipulation moots the motion for attorneys' fees and interest filed at Dkt. No. 226. There are no remaining issues in this matter, and the case may be closed.
RESPECTFULLY SUBMITTED AND DATED this 3rd day of February, 2023.
TERRELL MARSHALL LAW GROUP PLLC JACKSON LEWIS P.C.
II. ORDER
Pursuant to the parties' stipulation and finding good cause, 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) $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; (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. This case is CLOSED.
IT IS SO ORDERED.