Huckaba v. CSX Transportation Inc.

Filing 94

ORDER: [Doc. 93] MOTION to Set Aside Judgment and Dismiss Plaintiff's Cause of Action with Prejudice is GRANTED. The Judgment at Doc. 64 is hereby VACATED and this case is DISMISSED with prejudice. Signed by Judge Staci M. Yandle on 7/20/15. (cmh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
STEVEN R. HUCKABA,
Plaintiff,
v.
CSX TRANSPORTATION, INC.,
Defendant.

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No. 3:13-cv-0586-SMY-PMF

MEMORANDUM AND ORDER
This matter is before the Court on Parties’ Stipulation to Set Aside Judgment and Dismiss
With Prejudice. (Doc. 93). Plaintiff filed a one count Complaint under FELA on June 18, 2013.
(Doc. 2). An eight-member jury was impaneled, and a three day jury trial occurred October 20,
2014 through October 22, 2014. On October 22, 2014, the jury returned a unanimous verdict in
favor of Plaintiff in the amount of $355,000.00 which was reduced by 33% for comparative fault.
Judgment was entered on the verdict on October 29, 2014.
Federal Rule of Civil Procedure 60(b)(6) provides that a district court may “relieve a
party ... from a final judgment, order, or proceeding ... [for] any other reason justifying relief
from the operation of the judgment.” Fed.R.Civ.P. 60(b)(6). A district court may vacate
judgments pursuant to the Rule “whenever such action is appropriate to accomplish justice.”
Klapprott v. United States, 335 U.S. 601, 615, 69 S.Ct. 384, 390, 93 L.Ed. 266 (1949). The court
has sound discretion to determine whether the facts require vacating its earlier order. Smith v.
Widman Trucking & Excavating, Inc., 627 F.2d 792, 795 (7th Cir.1980).
In this case, the parties have stipulated and agreed that the Judgment be set aside pursuant
to a settlement. Accordingly, the Court finds that setting aside the Judgment is appropriate and

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in the interests of justice. The Judgment at Doc. 64 is hereby VACATED and this case is
DISMISSED with prejudice.
IT IS SO ORDERED.
DATED: July 20, 2015

s/ Staci M. Yandle
STACI M. YANDLE
DISTRICT JUDGE

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