United States of America v. Depies, Theresa et al

Filing 32

ORDER granting plaintiff United States of America's 31 motion to vacate judgment and dismissthe complaint. The judgment is vacated, and the case is dismissed without prejudice. Signed by District Judge James D. Peterson on 8/28/2017. (jefcc: Jeffrey and Theresa Depies, Washburn County Industrial Development Agency and Cashton Farm Supply to addresses on dkt. 31 certificate of service via U.S. postal mail)),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

UNITED STATES OF AMERICA,
Plaintiff,
Case No. 16-cv-329-jdp

V.

THERESA A DEPIES, JEFFREY G.
DEPIES, WASHBURN COUNTY
INDUSTRIAL DEVELOPMENT
AGENCY, and CASHTON FARM
SUPPLY, LTD.,
Defendants.

ORDER OF DISMISSAL

The plaintiff, United States of America, having moved this court to dismiss the
above-captioned case without prejudice under Fed. R. Civ. P. 41(a)(2), and based upon
the records and proceedings held in this matter,
THE COURT FINDS:
1.

A judgment may be vacated under Fed. R. 60(b)(6) "for any other reason

that justifies relief."
2.

In this case, the Depieses and the United States have reached a settlement

and the United States no longer wishes to pursue foreclosure.
3.
against them.

The Depieses presumably prefer not to have a judgment of foreclosure

4.

In light of the procedural history of this case, relief under Rule 60(b) is

justified, and dismissal without prejudice under Rule 41(a)(2) is proper.
IT IS HERBY ORDERED that:
1. Plaintiff United States of America's motion to vacate judgment and dismiss
the complaint, Dkt. 31, is GRANTED.
2. The judgment is vacated, and the case is dismissed without prejudice.

r/i>l

Entered this ~day of ,t(/6(1~

r

2017.

BY THE COURT:

J~PETERSON
United States District Judge
Western District of Wisconsin