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Stafford v. Fockaert

Stafford v. Fockaert, 2016 MT 28 (Feb. 9, 2016) (McKinnon, J.) (5-0, aff’d)

Issue: (1) Whether the district court abused its discretion by entering default judgment for Stafford as a sanction for Fockaert’s failure to comply with the court’s order requiring mediation, and (2) whether the district court properly awarded prejudgment interest.

Short Answer: (1) No, and (2) yes.


Facts: Stafford sued Fockaert in 2012, alleging he defrauded her of $100,000. The parties agree that Stafford transferred $100,000 to Fockaert in July 2010 for him to invest, and that he refused to return the money when she asked him to a month later.…