Elawyers Elawyers
Ohio| Change

Al-Yasiri v. U.S., 2:17-cv-00796-JLR. (2018)

Court: District Court, D. Washington Number: infdco20180727990 Visitors: 8
Filed: Jul. 11, 2018
Latest Update: Jul. 11, 2018
Summary: CONSENT JUDGMENT JAMES L. ROBART , District Judge . WHEREAS, on May 22, 2017, Plaintiff Ali Ahmed Al-Yasiri filed a Complaint for Review of Agency Action (Complaint) against the United States of America 1 , which challenged the United States Department of Agriculture, Food and Nutrition Service's (FNS) imposition of a $33,000 Transfer of Ownership Civil Money Penalty (TOCMP) on Plaintiff Al-Yasiri ( see Dkt. 1); WHEREAS, on August 14, 2017, the United States filed counterclaims against Pl
More

CONSENT JUDGMENT

WHEREAS, on May 22, 2017, Plaintiff Ali Ahmed Al-Yasiri filed a Complaint for Review of Agency Action (Complaint) against the United States of America1, which challenged the United States Department of Agriculture, Food and Nutrition Service's (FNS) imposition of a $33,000 Transfer of Ownership Civil Money Penalty (TOCMP) on Plaintiff Al-Yasiri (see Dkt. 1);

WHEREAS, on August 14, 2017, the United States filed counterclaims against Plaintiff Al-Yasiri for violations of the False Claims Act and other common law causes of action (see Dkt. 7);

WHEREAS, the parties stipulate and consent to entry of judgment in favor of the United States of America and against Plaintiff Al-Yasiri for the sum of $33,000 — i.e., the full amount of the TOCMP — plus post-judgment interest;

WHEREAS, the parties also stipulate and agree that post-judgment interest on the sum of $33,000 shall accrue at the legal rate pursuant to 28 U.S.C. § 1961(a) and shall be computed daily and compounded annually until paid in full;

WHEREAS, Plaintiff agrees to dismiss his claims with prejudice; and

WHEREAS, the United States agrees to dismiss its counterclaims in this action without prejudice to refile.

THEREFORE, on the agreement of the parties, it is hereby ORDERED:

1. Judgment is entered in favor of the United States and against Ahmed Al-Yasiri in the sum of $33,000, plus post-judgment interest;

2. Post-judgment interest on the sum of $33,000 shall accrue at the legal rate pursuant to 28 U.S.C. § 1961(a) and shall be compounded annually until paid in full;

3. The full amount of the judgment is collectable by the United States of America after the 14-day period specified in Federal Rule of Civil Procedure 62(a);

4. Plaintiff's claims are dismissed with prejudice;

5. The United States' claims against Plaintiff are dismissed without prejudice to refile; and

6. Each party shall bear its own costs and fees.

FootNotes


1. Although the Complaint identifies the United States of America and Sonny Perdue, Secretary of the United States Department of Agriculture, as co-defendants, as the government indicated in its Notice of Appearance (Dkt. 5), the United States is the only proper defendant in this action. See 7 U.S.C. § 2023(a)(13).
Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer