Nelson v. Federal Home Loan Mortgage Corporation et al
OPINION AND ORDER: construing Phillips's 60 motion as a motion to set aside the judgment of dismissal--rather than the "agreement", as further set out in order; ORDER denying 60 MOTION to Set Aside the Judgment; this case remains closed. Signed by Honorable Judge Myron H. Thompson on 5/10/2018. (wcl, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
FEDERAL HOME LOAN MORTGAGE )
CORPORATION, et al.,
CIVIL ACTION NO.
OPINION AND ORDER
This lawsuit is before the court on the motion to
set aside the agreement filed by defendant Donald D.
Phillips on May 3, 2018, in which he asks the court to
set aside the parties settlement agreement and set the
case for trial.
The court construes Phillips’s motion
as a motion to set aside the judgment of dismissal-rather than the “agreement”--because the court cannot
set the case for trial without first setting aside the
On February 27, 2018, after receiving notice that
parties leave to file, “within 49 days, a motion to
have the dismissal set aside and the case reinstated or
the settlement enforced, should the settlement not be
Phillips filed his motion to set aside well after the
49 days had passed.
Because the motion to set aside the judgment was
filed too late, it is ORDERED that the motion (doc. no.
60) is denied.
This case remains closed.
DONE, this the 10th day of May, 2018.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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