Boehner, et al v. Heise, et al
Filing 32
MEMORANDUM OPINION AND ORDER:# 97544 Because the Court concludes that its July 30 Order dismissing this action was the direct result of an extraordinary circumstance the psychological debilitation of Plaintiffs' counsel, who effectively abandone d the case in the summer of 2008 - the Court exercises its discretionary authority to grant Plaintiffs' motion to vacate the Order of Dismissal. The Court declines to vacate its July 15 Order to the extent that it precludes any claim for special damages resulting from Defendants' alleged defamatory statements. The failure to itemize and produce adequate support for such damages was the result of Plaintiffs, as well as their attorney's, failure to produce adequate discovery respons es, and to comply with their obligations under the Federal Rules of Civil Procedure. It was not the result of an extraordinary circumstance that justifies equitable relief. So Ordered. (Signed by Magistrate Judge Theodore H. Katz on 5/14/2009) (jmi) Modified on 5/22/2009 (jab).
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