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PAINTERS DISTRICT COUNCIL #58 401(K) TRUST FUND v. WARD, 13-cv-01321-JPG-PMF. (2014)

Court: District Court, S.D. Illinois Number: infdco20140909702 Visitors: 9
Filed: Sep. 08, 2014
Latest Update: Sep. 08, 2014
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on the plaintiff's motion for relief from judgment in this case pursuant to Federal Rule of Civil Procedure 60(b)(6) and to extend the time to consummate the parties' settlement by another 30 days (Doc. 13). This action has been settled in principle, but subsequent to the preliminary settlement agreement, additional time was needed to consummate the settlement. The Court allowed additional time, but provi
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MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

This matter comes before the Court on the plaintiff's motion for relief from judgment in this case pursuant to Federal Rule of Civil Procedure 60(b)(6) and to extend the time to consummate the parties' settlement by another 30 days (Doc. 13). This action has been settled in principle, but subsequent to the preliminary settlement agreement, additional time was needed to consummate the settlement. The Court allowed additional time, but provided that if that additional period was insufficient, the parties could ask the Court to delay entry of judgment for an additional reasonable period of time. The settlement had not been consummated by the end of that additional period, but the parties neglected to inform the Court and ask for additional time, so the Court entered final judgment of dismissal. It now appears that the judgment was the product of the parties' mistake, inadvertence or excusable neglect and should be vacated pursuant to Federal Rule of Civil Procedure 60(b)(1). Accordingly, the Court GRANTS the plaintiff's motion (Doc. 13), VACATES the judgment in this case entered on August 14, 2014 (Doc. 12) and DIRECTS the Clerk of Court to enter judgment dismissing this action with prejudice and without costs on October 8th, 2014. Should the parties fail to consummate settlement by that date, the parties may ask the Court to delay entry of judgment for an additional reasonable period of time.

IT IS SO ORDERED.

Source:  Leagle

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