Neumann v. Prudential Insurance Co. of America

MEMORANDUM OPINION

ELLIS, District Judge.

The question presented in this already- decided ERISA 1 action is whether the published opinion and order granting plaintiff judgment on the administrative record should be vacated to facilitate the parties’ Settlement on appeal. More generally, the question is whether vacatur of a published final decision is warranted as an aid to settlement where, as here, the opinion decided a case that was fully litigated, briefed, and argued.

I

A brief summary of the pertinent facts is warranted to frame the vacatur question presented. 2 Krisa Neumann (“Neu-mann”), a…