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Elliot Zomber v. P.O. Kenneth Stolz

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


May 3, 2012

ELLIOT ZOMBER, PLAINTIFF,
v.
P.O. KENNETH STOLZ, DEFENDANT.

The opinion of the court was delivered by: E. Thomas Boyle United States Magistrate Judge

ORDER

Before the Court is the parties' joint motion to vacate the judgment entered on October 17, 2011, following a jury verdict in favor of plaintiff, pursuant to Federal Rule of Civil Procedure 60(b). The parties base their application on the grounds that an order vacating the underlying judgment is a precondition to settlement. (Joint Mot. to Vacate J. 4)

"Despite the public interest in preserving precedent, vacatur is authorized in order to permit settlement to proceed, particularly where the victor as well as the losing party is in agreement that vacatur would be desirable." Chamberlain v. Aberdeen Asset Mgmt. Ltd., No. 02 CV 5870, 2005 WL 1378757, at *1 (E.D.N.Y. Apr. 12, 2005) (citing Major League Baseball Props., Inc. v. Pac. Trading Cards, Inc., 150 F.3d 149 (2d Cir. 1998)). Accordingly, the parties' motion is granted.

The judgment entered in favor of plaintiff on October 17, 2011 is hereby VACATED. Plaintiff's motion for attorney's fees, which, by Order dated January 26, 2012, the Court deferred ruling on, is withdrawn. This action is dismissed in its entirety.

SO ORDERED:

E. Thomas Boyle

20120503

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