Nelson v. Federal Home Loan Mortgage Corporation et al
Filing
62
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
WANDA NELSON,
)
)
Plaintiff,
)
)
v.
)
)
FEDERAL HOME LOAN MORTGAGE )
CORPORATION, et al.,
)
)
Defendants.
)
CIVIL ACTION NO.
3:17cv207-MHT
(WO)
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
judgment.
On February 27, 2018, after receiving notice that
the
case
had
settled,
the
court
entered
a
judgment
dismissing
the
case
with
prejudice
but
granting
the
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
consummated.”
Judgment
(doc.
no.
59).
Defendant
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?