Behjou v. Bank of America Group Benefits Program et al

Filing 80

ORDER by Judge ARMSTRONG denying 77 Motion to Vacate PARTIAL SUMMARY JUDGMENT ORDER (lrc, COURT STAFF) (Filed on 10/30/2012)

1
2

UNITED STATES DISTRICT COURT

3

FOR THE NORTHERN DISTRICT OF CALIFORNIA

4

OAKLAND DIVISION

5 OMID BEHJOU,

Plaintiff,

6
7

Case No: C 10-03982 SBA
ORDER

vs.

8 BANK OF AMERICA GROUP BENEFITS

PROGRAM, BANK OF AMERICA HOME
9 LOAN CORPORATION, BANK OF

AMERICA CORPORATE BENEFITS
10 COMMITTEE,

Defendants,

11
12

AETNA LIFE INSURANCE COMPANY,
13

Real Party in Interest,
14
15
16

The parties are presently before the Court on the parties’ Joint Motion to Vacate

17

Partial Summary Judgment Order, which is brought pursuant to Federal Rule of Civil

18

Procedure 60(b)(6). Dkt. 77. The parties previously resolved their dispute at a settlement

19

conference before Magistrate Judge Spero. In accordance with their settlement, the parties

20

now request that the Court vacate its May 1, 2012 order on the parties’ cross-motions for

21

partial summary judgment. See Dkt. 65.1

22

Rule 60(b)(6) allows the Court to relieve a party from an order or final judgment

23

“for any other reason that justifies relief.” The Supreme Court has indicated that relief

24

under this Rule generally requires a showing of “extraordinary circumstances.” Liljeberg v.

25

Health Servs. Acquisition Corp., 486 U.S. 847, 864 (1988) (quoting Klapprott v. United

26

States, 335 U.S. 601, 614-15 (1949)). Here, while the parties’ resolution of the action is

27
1

28

The parties indicate that the settlement is not dependent upon the issuance of an
order vacating the May 1, 2012 Order.

1

laudable, it is not an extraordinary circumstance justifying vacating the Court’s May 1,

2

2012 order. Accordingly,

3
4
5
6

IT IS HEREBY ORDERED THAT the parties’ Joint Motion to Vacate Partial
Summary Judgment Order is DENIED. This Order terminates Docket 77.
IT IS SO ORDERED.
Dated: October 29, 2012

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-