HATCHIGIAN v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION NO. 98, HEALTH & WELFARE FUND et al

Filing 40

ORDER THAT PLAINTIFF'S MOTION TO VACATE JUDGEMENT FOR FRAUD ON THE COURT IS DENIED; ETC.. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 2/5/15. 2/5/15 ENTERED AND COPIES MAILED TO PRO SE, E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DAVID HATCHIGIAN
Plaintiff,
v.
I.B.E.W. LOCAL 98, HEALTH &
WELFARE FUND, et al.
Defendants.

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CIVIL ACTION

NO. 11-5177

MEMORANDUM / ORDER
Plaintiff seeks a motion to vacate judgment for fraud on the court. Giving a most
favorable reading to his claim, one can conclude that there is some confusion regarding the
November 16, 2007 letter which he claims he never received from defendant. (See Plaintiff’s
Exhibit F).
In this court’s opinion dated January 15, 2013, reference is made to this very letter
(Exhibit 3 of defendant’s motion for summary judgment). (See p. 4 of opinion).
Plaintiff claims in his present petition that he never saw the letter prior to his deposition
in April, 2012, but he doesn’t explain how this letter somehow constitutes fraud on the court.
There is simply no sensible explanation how this was to intentionally deceive the court.
In this case, the court was asked to determine whether the Trustees acted in an arbitrary
and capricious manner or abused their discretion in determining not to invoke Section E
Supplemental Coverage. It concluded that it did not.
Also, the plaintiff’s claim is untimely. More than 2 ½ years after he knew of this letter of
November 16, 2007, he decided to file this claim. There is no good explanation for this delay.

AND NOW, this 5th day of February, 2015, upon consideration of Plaintiff’s Motion to
Vacate Judgment for Fraud on the Court and Defendants’ Response thereto, it is hereby
ORDERED that said Motion (Docket Nos. 36 and 37) is DENIED.

BY THE COURT:

s/ Ronald L. Buckwalter
RONALD L. BUCKWALTER, S.J.