Thompson v. The Florida Bar

Filing 367

ORDER denying 365 Motion to Vacate,Signed by Judge Adalberto Jordan on 12/5/07. (lh)

Thompson v. The Florida Bar

Doc. 367

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 07-21256-CIV-JORDAN JOHN B. THOMPSON, ) ) Plaintiff, ) vs. ) ) THE FLORIDA BAR, et al., ) Defendants. ) ____________________________________ ) ORDER Mr. Thompson's new motion to vacate and emergency motion to stay for fraud on the court [D.E. 365], treated as a motion under Rule 60(b) of the Federal Rules of Civil Procedure, is DENIED . The fact that the Florida Bar is relying on the current version of Florida Bar Rule 3-4.6 in the ongoing disciplinary proceeding does not establish fraud on the court in this case. I did not rely on the former or current version of Rule 3-4.6 in dismissing Mr. Thompson's case on Younger/Middlesex abstention grounds, so there was no fraud on the court warranting vacatur. See, e.g., Zakrzewski v. McDonough, 490 F.3d 1264, 1267 (11th Cir. 2007) (citing Travelers Indem. Co. v. Gore, 761 F.2d 1549, 1551 (11th Cir. 1985)). I express no opinion, of course, on whether the Florida Bar may use the current version of Rule 3-4.6 against Mr. Thompson.
DONE

and ORDERED in chambers in Miami, Florida, this 5th day of December, 2007.

_________________________ Adalberto Jordan United States District Judge Copy to: All counsel of record

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