Lehman Brothers Holdings Inc. v. First California Mortgage Corporation

Filing 60

ORDER on Joint Motion for Vacatur/Relief From Order and Judgment Pursuant to Rule 60(b) re 59 Motion to Vacate. It is ORDERED that the Order Granting Defendant's Motion for Summary Judgment entered on April 30, 2014 (Doc. # 33 ); the Final Judgment entered on May 2, 2014 (Doc. # 34 ); and the Order Denying Plaintiff's Motion to Amend/Correct/Modify Judgment Pursuant to F.R.C.P. 59 (Doc. # 52 ) are VACATED. By Judge Christine M. Arguello on 02/09/2015. (athom, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 13-CV-02113-CMA-KMT LEHMAN BROTHERS HOLDINGS, INC. Plaintiff, v. FIRST CALIFORNIA MORTGAGE CORPORATION Defendant. ______________________________________________________________________ ORDER ON JOINT MOTION FOR VACATUR/RELIEF FROM ORDER AND JUDGMENT PURSUANT TO RULE 60(b) ______________________________________________________________________ The above-captioned civil action is on appeal. On November 20, 2014, the parties filed a Joint Motion for Indicative Ruling (Doc. # 56) pursuant to Fed. R. Civ. P. 62.1(a)(3) requesting this Court state whether it would grant a motion to vacate the Order and Judgment (Doc. ## 33, 34, 52). On January 21, 2015, this Court indicated that it would vacate the Order and Judgment. (Doc. # 57.) On January 26, 2015, the Tenth Circuit Court of Appeals remanded this matter to this Court for the limited purpose of entering a decision on the parties’ Joint Motion for Vacatur/Relief from Order and Judgment Pursuant to Rule 60(b). (Doc. # 58.) Pursuant to the parties’ Joint Motion for Vacatur/Relief from Order and Judgment Pursuant to Rule 60(b) (Doc. # 59), filed on January 27 2015, and for the reason stated in the previously-filed Joint Motion for Indicative Ruling (Doc. # 56), it is ORDERED that the Order Granting Defendant’s Motion for Summary Judgment entered on April 30, 2014 (Doc. # 33); the Final Judgment entered on May 2, 2014 (Doc. # 34); and the Order Denying Plaintiff’s Motion to Amend/Correct/Modify Judgment Pursuant to F.R.C.P. 59 (Doc. # 52) are VACATED. DATED: February 9 , 2015 BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge 2

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