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HARASYM v. U.S., 4:09-cv-036. (2012)

Court: District Court, D. North Dakota Number: infdco20120323h33 Visitors: 11
Filed: Mar. 22, 2012
Latest Update: Mar. 22, 2012
Summary: ORDER DANIEL L. HOVLAND, District Judge. The Government filed a "Consent Motion for Vacatur of Court's Opinion" on March 15, 2012. See Docket No. 49. The Government stated that the parties had reached a settlement and a dismissal of the appeal to the Eighth Circuit Court of Appeals. The Government brings the motion to vacate pursuant to Fed. R. Civ. P. 60(b)(6). It is well-established that district courts have broad discretion when entertaining a Rule 60(b) motion. Middleton v. McDonald , 38
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ORDER

DANIEL L. HOVLAND, District Judge.

The Government filed a "Consent Motion for Vacatur of Court's Opinion" on March 15, 2012. See Docket No. 49. The Government stated that the parties had reached a settlement and a dismissal of the appeal to the Eighth Circuit Court of Appeals. The Government brings the motion to vacate pursuant to Fed. R. Civ. P. 60(b)(6). It is well-established that district courts have broad discretion when entertaining a Rule 60(b) motion. Middleton v. McDonald, 388 F.3d 614, 616 (8th Cir. 2004). The Court DENIES the Government's motion to vacate (Docket No. 49) the order issued on October 5, 2011. The Court further DENIES AS MOOT Harasym's "Motion to Tax Costs and Disbursements" (Docket No. 40).

IT IS SO ORDERED.

Source:  Leagle

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