United States District Court, D. Utah
MEMORANDUM DECISION AND ORDER DENYING MOTION TO ALTER
AND/OR AMEND FINDINGS OF FACT AND CONCLUSION OF LAW
Nuffer United States District Judge
Western Land & Livestock, LLC and Western Reserve
Mortgage, LLC (collectively, the “Western
Entities”) seek to alter or amend the Findings of Fact
and Conclusions of Law (“FFCL”) entered on
September 19, 2019. The Western Entities' arguments lack
merit and have previously been rejected. Therefore, the
Western Entities' Motion to Amend the FFCL is DENIED.
Western Entities argue the FFCL violate the rule against
prolixity, and should be amended to recite only the ultimate
facts necessary to grant the determined relief. Specifically, the
Western Entities argue the FFCL are repetitive, should be
limited to only the actual parties to the case, and be based
on the actual facts proven at trial.
Western Entities' arguments have previously been raised
and rejected as part of the procedure for drafting the
FFCL. Prior to trial, the parties were directed
to submit proposed findings of fact and conclusions of
The parties did so. At the trial's conclusion, preliminary
findings and conclusion were entered orally on the
record. Later, draft findings and conclusions were
provided to the parties with instructions for
responding to the draft findings and conclusions, the Western
Entities proposed revisions and corrections, and raised
objections. The Western Entities now raise the same
issues and arguments in their Motion to Amend the FFCL. These
arguments were implicitly rejected with the entry of the
FFLC. They are now expressly rejected.
FFCL includes many of the government's proposed findings
and conclusions because the government succeeded on its
claims and defenses. But the findings and conclusions of the
FFCL are the court's own determinations.
FFCL are lengthy. But this is because the case's
complexity and the substantial amount of evidence presented.
A seven-day bench trial was held at which 19 witnesses
(including three experts) provided live testimony, five
witnesses testified through deposition, and 200 exhibits were
admitted in evidence. The disputed issues involved an attempt
to conceal assets through fraudulent means. Resolving these
issues required consideration of evidence relating to the
conduct, interactions, and transactions of numerous
individuals and entities over a several year timeframe. The
FFCL contain background and subsidiary factual findings
necessary to understand the findings and conclusions on the
disputed issues. These factual findings give context and
support for the ultimate findings and conclusions in the
the FFCL's necessary factual findings are facts relating
to the conduct, business practices, and credibility of John
Wadsworth. Mr. Wadsworth is not a party to this
action. But he controls the Western Entities. And his
relationship with Ronald B Talmage, and his actions and
directives in managing the Western Entities were a focal
point of the government and the Western Entities' claims
and defenses. He was the Western Entities' primary fact
witness, and his testimony spanned three of the seven days of
trial. The FFCL's factual findings relating to Mr.
Wadworth are important and necessary to the ultimate findings
and conclusions on the disputed issues in the case.
the Western Entities mischaracterize the FFCL as containing
speculation. In context, the challenged language
relates to credibility determinations, burdens of proof, and
alternative theories of relief and defense argued by the
parties. The FFCL contain and represent the facts proven at
trial, and those necessary for the resolution of the disputed
issues in the case. Therefore, the Western Entities'
Motion to Amend the FFCL lacks merit.
HEREBY ORDERED that the Western Entities' Motion to Amend
the FFCL is DENIED.