USA v. Higgins

Filing 52

MEMORANDUM AND ORDER, Denying 51 MOTION to Vacate. The Court further sets a Status Conference for 12/13/2013 01:30 PM in Benton Courthouse before Judge J. Phil Gilbert.Signed by Judge J. Phil Gilbert on 11/18/2013. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
UNITED STATES OF AMERICA,
Plaintiff,
v.
ROBERT M. HIGGINS; CHICAGO TITLE LAND
TRUST CO., as the Successor Trustee of THE
BANK OF EDWARDSVILLE u/t/a No. 3627;
TERRY D. BLASA REVOCABLE LIVING
TRUST; CLAY COUNTY, ILLINOIS; and FARM
CREDIT SERVICES OF ILLINOIS, FLCA,

NO. 12-cv-254-JPG-PMF

Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on defaulted defendant Robert M. Higgins motion to
vacate the Court’s August 15, 2013, order (Doc. 51). The order to which Higgins refers is a
minute entry describing the proceedings held in a telephone status conference to discuss the form
of the final judgment in this case, which will include, among other things, the terms of a stipulation
Higgins entered into with the Government as to the resolution of his interests in this case (Doc.
45-1). The status conference was originally scheduled for August 16, 2013, and notice was given
to Higgins of that date even though he had been defaulted, see Fed. R. Civ. P. 5(a)(1). Because of
the Court’s schedule, the telephone status conference was advanced on the docket to August 15,
2013, but Higgins did not receive notice of the change until after the conference took place. He
did not participate in the conference. However, the Court made no substantive rulings at the
conference, and there is nothing to vacate pursuant to Higgins’ request.
Higgins also asks the Court to extend the time set forth in his stipulation with the
Government in which he can pay the amount he owes the Government. The Court cannot do this

because Higgins’ stipulation with the Government is a matter between those two parties and does
not involve the Court. Higgins must work this issue out, if at all, with the Government.
For the foregoing reasons, the Court DENIES Higgins’ motion to vacate (Doc. 51). The
Court further ORDERS that an in-person status conference regarding the form of the judgment
shall be held on December 13, 2013, at 1:30 p.m. in Benton, Illinois. Attorneys for all
non-defaulted parties must be present in person.
IT IS SO ORDERED.
DATED: November 18, 2013
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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