Nail et al v. Shipp et al

Filing 352

Order re: 351 NOTICE of Satisfaction and MOTION for Cancellation of Judgment. The Judgment issued in favor of Plaintiffs and against Defendants Robert Shipp, Regina Shipp, and Sportsman Fish House, LLC, has been PAID IN FULL and has been FULLY SATISFIED by said Defendants as set out. Clerk is DIRECTED TO DESIGNATE the Judgment as such on the record. Signed by Chief Judge Kristi K. DuBose on 01/28/2021. (srd)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
APRIL R. NAIL, et al.,
Plaintiffs,
v.
ROBERT M. SHIPP, et al.,
Defendants.

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CIVIL ACTION: 1:17-00195-KD-B

ORDER
This matter is before the Court on Plaintiffs' "Notice of Satisfaction and Motion for
Cancellation of Judgment." (Doc. 351).
Per Plaintiffs, the total amount due on the judgment, $360,192.56, has been fully, finally, and
completely paid by Defendants Robert Shipp, Regina Shipp, and Sportsman Fish House, LLC. As
such, Plaintiffs move for the Court to designate the Judgment as "Satisfied and Canceled."
Federal Rule of Civil Procedure 60 provides: "[o]n motion and just terms, the court may relieve
a party or its legal representative from a final judgment, order, or proceeding for the following
reasons:….(5) the judgment has been satisfied, released or discharged[.]” Fed.R.Civ.P. 60(b)(5). Rule
60(b)(5) thus allows a court to relieve a party from a final judgment if the judgment has been satisfied.
See, e.g., Zelaya/Capital Intern. Judgment, LLC v. Zelaya, 769 F.3d 1296, 1304 (11th Cir. 2014)
(“[f]ederal courts regularly issue satisfactions of judgment pursuant to Rule 60(b)(5).....Zamani v.
Carnes, 491 F.3d 990, 995 (9th Cir.2007) (‘Rule 60(b)(5) is generally invoked when a party seeks
entry of satisfaction of judgment because no acknowledgment of satisfaction has been delivered due
to an ongoing dispute over the judgment amount[]’)”; AIG Baker Sterling Heights, LLC v. American
Multi–Cinema, Inc., 579 F.3d 1268, 1272 (11th Cir.2009) (a district court's decision to issue a
satisfaction of the judgment pursuant to Rule 60(b)(5) is reviewed under the abuse-of-discretion

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standard and "[t]his authority encompasses the power to declare a judgment satisfied “when .... [an]
obligor has paid the judgment debt[]” Gibbs v. Maxwell House, A Div. of Gen. Foods Corp., 738 F.2d
1153, 1155 (11th Cir.1984)[]"); United States v. Smith, 2015 WL 328719, *3 (S.D. Ala. Jan. 26, 2015)
(discussing designating a money judgment under Rule 60(b)(5) as "satisfied" or "cancelled"). As noted
in Smith, regarding Plaintiffs' current request to cancel the judgment:
.... this Court has been unable to locate any case law providing that cancellation of a judgment
(rather than vacating) would be improper. While case law provides that vacating a monetary
judgment would be improper under the third clause of Rule 60(b)(5), there is no definitive
indication that cancellation of a judgment, after it has been fully satisfied and paid, would be
(under the third or first clause). This Court has also been unable to locate any case law
providing that cancellation of a judgment, rather than having the judgment simply deemed
“satisfied,” is proper (under either clause). Given that Rule 60(b)(5) is discretionary in its
application, upon consideration the Court finds that Plaintiff is not making any equitable
argument here, but rather simply seeks satisfaction or discharge of his debt and thus the related
monetary judgments (ostensibly under the first clause of Rule 60(b)(5)).
Id. at *3 (emphasis in original).
Upon consideration and in the undersigned's discretion, the Court designates the Judgment as
satisfied by Defendants because Plaintiffs simply seek a designation that the Defendants have fully
paid the monetary judgment. Accordingly, it is ORDERED that the Judgment issued in favor of
Plaintiffs and against Defendants Robert Shipp, Regina Shipp, and Sportsman Fish House, LLC, has
been PAID IN FULL and has been FULLY SATISIFED by said Defendants.
The Clerk of Court is DIRECTED to designate the Judgment as such on the record.
DONE and ORDERED this the 28th day of January 2021.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE

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