Woodward v. Gibson, 5:18-cv-321-DPM. (2019)
Court: District Court, E.D. Arkansas
Number: infdco20190418984
Visitors: 13
Filed: Apr. 16, 2019
Latest Update: Apr. 16, 2019
Summary: ORDER D.P. MARSHALL, JR. , District Judge . Post-judgment motions, No.16 & No. 20-23, denied. First, the Court did not retain jurisdiction to enforce the settlement agreement. Kokkonen v. Guardian Life Insurance Company of America, 511 U.S. 375 (1994). Second, to the extent Woodward's arguments are reachable under Federal Rule of Civil Procedure 60, they lack merit. Any breach due to Woodward's being accepted into the facility in North Carolina one hour and forty-two minutes later tha
Summary: ORDER D.P. MARSHALL, JR. , District Judge . Post-judgment motions, No.16 & No. 20-23, denied. First, the Court did not retain jurisdiction to enforce the settlement agreement. Kokkonen v. Guardian Life Insurance Company of America, 511 U.S. 375 (1994). Second, to the extent Woodward's arguments are reachable under Federal Rule of Civil Procedure 60, they lack merit. Any breach due to Woodward's being accepted into the facility in North Carolina one hour and forty-two minutes later than..
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ORDER
D.P. MARSHALL, JR., District Judge.
Post-judgment motions, No.16 & No. 20-23, denied. First, the Court did not retain jurisdiction to enforce the settlement agreement. Kokkonen v. Guardian Life Insurance Company of America, 511 U.S. 375 (1994). Second, to the extent Woodward's arguments are reachable under Federal Rule of Civil Procedure 60, they lack merit. Any breach due to Woodward's being accepted into the facility in North Carolina one hour and forty-two minutes later than expected was not material. TXO Production Corp. v. Page Farms, Inc., 287 Ark. 304, 308, 698 S.W.2d 791, 793-94 (1985). And there's no clear and convincing evidence of fraud or misrepresentation warranting relief from the Judgment. FED. R. Crv. P. 60(b); United States v. Metropolitan St. Louis Sewer District, 440 F.3d 930, 935 (8th Cir. 2006). This case is closed.
So Ordered.
Source: Leagle
