McMellon v. United States

ORDER

JOSEPH R. GOODWIN, District Judge.

Pending before the court is the parties’ joint motion for vacatur pursuant to Federal Rule of Civil Procedure 60(b)(6). For the following reasons, the motion is DENIED.

I. Background

The question before the court in this already-decided case is whether the published opinion and order, as well as the findings of fact and conclusions of law made at the conclusion of the bench trial, should be vacated to facilitate the parties’ settlement on appeal. More generally, the question is whether vacatur of a final decision is warranted when the case was fully…