Geddes et al v. HSBC Bank USA NA et al

Filing 58

ORDER denying Plaintiffs' 53 Motion to Set Aside Judgment. Signed by Senior Judge Frederick J Martone on 5/21/2013.(LFIG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Richard Geddes, et al,
Plaintiffs,

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vs.

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HSBC Bank USA, et al.,
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Defendants.
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No. CV 12-00667-PHX-FJM
ORDER

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We have before us plaintiffs’ Rule 60(b) motion to set aside the judgment (doc. 53),
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defendants’ response (doc. 56), and plaintiffs’ reply (doc. 57).
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Plaintiffs move, pursuant to Rule 60(b), Fed. R. Civ. P., for an order setting aside the
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final judgment entered in favor of defendants on June 1, 2012 (doc. 31). Plaintiffs contend
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that they have acquired “newly discovered evidence” of “fraud on the court” in the form of
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a “Securitization Analysis and Foreclosure Forensics Report,” which allegedly shows that
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the documents evidencing chain of title, and which were used to foreclose their property,
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were “fraudulent to the extent that the persons executing those document lacked authority
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from the holder of the Note and from the owner of the Note to exercise the power of sale.”
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Final judgment was entered and this case is now on appeal. Once an appeal is filed,
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a district court lacks authority to consider a motion to vacate judgment. Gould v. Mutual
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Life Ins. Co., 790 F.2d 769, 772 (9th Cir. 1986). Instead, pursuant to Rule 62.1, Fed. R. Civ.
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P., a district court may only (1) defer consideration of the motion, (2) deny the motion, or (3)

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state that we would either grant the motion upon limited remand, or that the motion raises a

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substantial issue.

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Because plaintiffs’ motion does not raise a substantial issue, we would deny the
motion on its merits. Therefore, a remand is not warranted.

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IT IS ORDERED DENYING plaintiffs’ motion to set aside the judgment (doc. 53).

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DATED this 21st day of May, 2013.

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