Oshkosh Storage Company v Kraze Trucking LLC et al
Filing
43
ORDER denying without prejudice 41 Unopposed MOTION to Vacate Judgment Pursuant to Settlement, signed by Chief Judge William C Griesbach on 10/01/2014. Rule 60 of the Federal Rules of Civil Procedure sets forth the grounds upon which relief from a final judgment can be granted. None of the exceptional circumstances necessary are presented in the parties motion. See Order for full detail. (cc: all counsel) (Griesbach, William)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
OSHKOSH STORAGE COMPANY,
Plaintiff,
v.
Case No. 13-C-1246
KRAZE TRUCKING LLC,
Defendant.
ORDER DENYING MOTION TO VACATE JUDGMENT
On July 17, 2014, the Court entered a Decision and Order granting the plaintiff’s motion for
summary judgment in the above matter. The Order granting the motion also directed the clerk to
enter Judgment accordingly. On August 27th the Court entered a further decision denying the
defendant’s motion for reconsideration. On September 26, 2014, the defendant filed an unopposed
motion to vacate the Judgment pursuant to the settlement of the parties.
Rule 60 of the Federal Rules of Civil Procedure sets forth the grounds upon which relief
from a final judgment can be granted. Agreement of the parties is not one of them. Normally, when
a judgment is paid or settled, a satisfaction of the Judgment is filed with the Court. It is unclear why
the parties chose to file a motion to vacate the Judgment instead. The Supreme Court has held in
general that “mootness by reason of settlement does not justify vacatur of a Judgment under
review.” U.S. Bancorp Mortg. Co. v Bonner Mall Partnership, 513 U.S. 18, 29 (1994). The Court
acknowledges that there may be exceptional circumstances that favor such a course, but no
exceptional circumstances are presented in the parties’ motion.
For these reasons, the motion will be denied. The denial, however, is without prejudice, and
the parties may supplement their motion if they believe that an equitable case exists for vacating the
Judgment.
SO ORDERED this
1st
day of October, 2014.
s/ William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court
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