Thompson v. The Florida Bar

Filing 394

ORDER denying 389 Motion to Set Aside ; denying 390 Motion to Vacate; denying 391 Motion to Set Aside ; denying 393 Motion to Set Aside. Signed by Judge Adalberto Jordan on 10/14/2008. (ls)

Thompson v. The Florida Bar

Doc. 394

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 DENYING MOTION TO VACATE Mr. Thompson's motion to vacate [D.E. 393], treated as another motion to vacate filed pursuant to Rule 60(a) and (b) of the Federal Rules of Civil Procedure, is DENIED . To the extent that Mr. Thompson is again trying to argue fraud on the court, this argument fails because his allegations fall far short from showing the type of egregious misconduct necessary to show fraud on the court. See Stoecklin v. United States, 2008 WL 3153930, *1 (11th Cir. Aug. 7, 2008) ("[O]nly the most egregious misconduct, such as bribery of a judge or members of a jury, or the fabrication of evidence by a party in which an attorney is implicated, will constitute a fraud on the court. "). Further, even if I were to consider the recent Palm Beach Post article as new evidence of the Bar's conduct, this article is insufficient to establish that the board members in Mr. Thompson's case acted in bad faith when they failed to recuse from his case. The same reasoning applies to the motions to vacate based on a letter from the Clerk of the Florida Supreme Court [D.E. 389], the fact that Kenneth Bryk is the president of the Central Florida Gay and Lesbian Law Association [D.E. 390], and on the Bar's purported "black files" [D.E. 391]. All of these motions are DENIED as well.
DONE

and ORDERED in chambers in Miami, Florida, this 14th day of October, 2008.

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

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