Good v. First Revenue Assurance, LLC

Filing 12

ORDER VACATING JUDGMENT pursuant to the 11 Stipulated Motion for Relief from Judgment. The Judgment 8 entered on June 30, 2010, shall be vacated, by Judge Philip A. Brimmer on 12/21/10.(ebs, )

Good v. First Revenue Assurance, LLC

Doc. 12

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 10-cv-01411-PAB In re: DONALD A. GOOD, Debtor, ____________________________ DONALD A. GOOD, Plaintiff, v. FIRST REVENUE ASSURANCE, LLC, Defendant. _____________________________________________________________________ ORDER VACATING JUDGMENT _____________________________________________________________________ This matter is before the Court on the parties' Stipulated Motion for Relief from Judgment [Docket No. 11]. The parties move to have the judgment in this case vacated under Fed. R. Civ. P. 60(b)(4) on the grounds that it was void when entered because defendant received deficient notice under Fed. R. Bankr. P. 7004 and Fed. R. Civ. P. 4. Rule 60(b)(4) permits the Court to relieve a party from a final judgment that is void. See Hukill v. Okla. Native Amer. Domestic Violence Coal., 542 F.3d 794, 797 (10th Cir. 2008). "Where Rule 60(b)(4) is properly invoked, `relief is not a discretionary matter; it is mandatory.'" Id. (quoting Orner v. Shalala, 30 F.3d 1307, 1310 (10th Cir. 1994)). Here, the parties have stipulated that service was improper upon the defendant and

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request that the default judgment be set aside. Thus, the parties have properly invoked Rule 60(b)(4). Accordingly, it is ORDERED that the Judgment [Docket No. 8] entered on June 30, 2010, shall be vacated.

DATED December 21, 2010. BY THE COURT:

s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge

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