Fukita v. Gist

Background

Tomoko Fukita sued Joshua Gist and Deborah Starr to enforce two Form I-864 affidavits of support. The opinion says Gist signed an affidavit for Fukita’s benefit and that Starr signed another as a joint sponsor. Fukita alleged that she became a lawful permanent resident, that her income fell below 125% of the federal poverty guidelines, and that the defendants did not provide the required financial support.

The defendants were served but did not answer or otherwise respond to the complaint. They represented themselves at the January 15, 2021 hearing, but the clerk had already entered default against them. Fukita was represented by Gregory McLawsen and Nicholas Ratkowski.

Court’s Analysis

The court concluded that it had subject-matter jurisdiction under 8 U.S.C. § 1183a(e)(1) and 28 U.S.C. § 1331, personal jurisdiction over the defendants, and proper venue. It found that any personal-jurisdiction or venue defenses were waived because the defendants did not timely raise them.

Under Federal Rule of Civil Procedure 55, default judgment involves two steps: the clerk first enters default, and the court then decides whether judgment should be entered. Default admits the complaint’s factual allegations, except allegations about the amount of damages, but it does not automatically admit legal conclusions. The court therefore considered whether Fukita’s allegations established a valid claim and then calculated damages.

The court found that both affidavits were properly executed and enforceable contracts. It ruled that Fukita was a third-party beneficiary of the affidavits and could enforce them. The court also found that the listed events that would end the defendants’ support duties had not occurred. Those events include Fukita’s naturalization, her accumulation of 40 qualifying work quarters, losing residency and leaving the United States, obtaining residency during removal proceedings, or dying.

The court held that the defendants were jointly and severally liable for the support obligations. It calculated support damages as the difference between Fukita’s actual federally taxable income and 125% of the federal poverty guideline for a household of one. The opinion states that Fukita had remained unemployed since separating from Gist in February 2018. The court calculated a total shortfall of $44,546.97 for 2018 through 2020, but the order entered judgment for $44,456.97.

Disposition

The court GRANTED Fukita’s Motion for Default Judgment. It ordered judgment against Joshua Gist and Deborah Starr for $44,456.97 and ordered them to comply with their continuing support obligations. The court also ordered monthly payments until a terminating event occurs, although the order refers to an amount in paragraph 56, which discusses attorney fees and costs rather than stating a monthly payment amount. Fukita was directed to file a motion and supporting materials for reasonable attorney fees and costs within 30 days after entry of the order; the defendants could respond 10 days later. The order states that this action covers February 13, 2018, through December 31, 2020, and does not prevent Fukita from bringing a later action for future unpaid support.