Frascella v. Oracle Corporation et al

Filing 332

ORDER denying 308 Motion to Vacate ; denying 313 Motion to Vacate ; denying 315 Sealed Motion. Signed by Magistrate Judge Thomas Rawles Jones, Jr on 10/7/2011. (rban, )

IN THE UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

United States of America,
ex rel. Paul Frascella,
Plaintiff,
v.
Oracle Corporation
et al.,
Defendants.

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Civil Action No. 1:07cv529 (LMB/TRJ)

ORDER
Before the court is Defendants’ and Reed Smith’s Joint Motion to Vacate (no.
308/313/315), which was filed under seal. The government and relator have filed briefs in
opposition, to which defendants and Reed Smith replied. The matter is under advisement, and oral
argument is not needed.
The motion is DENIED because vacatur is an equitable remedy that is available only in
“exceptional circumstances,” U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, 513 U.S.
18, 29, 115 S. Ct. 386, 130 L. Ed. 2d 233 (1994), and the court finds that the circumstances present
here are not exceptional within the meaning of applicable authority.
It is so ORDERED.
ENTERED this 7th day of October, 2011.

/s/
Thomas Rawles Jones, Jr.
United States Magistrate Judge
Alexandria, Virginia