Judge Allegra published an order announcing that he has voided his judgement in the case! He is is preparing to announce a schedule for “further proceedings in the matter”. [More]No doubt a result of this.
Any lawyers care to speculate? Is voiding an order like that a normal action when a settlement is appealed?
Ain't it something, when you have unlimited resources and your opponent, by comparison, has next to none?
I don't have time to review the entire underlying opinion... but the one page notice the court issued stating the judgment was void was based on court rules (Rules 1 and 60 of the US Court of Fed Claims). Rule 60 allows a court to do a few things with an order it has issued:
ReplyDelete"Oversights and Omissions. The court may correct a clerical mistake or a mistake arising
from oversight or omission whenever one is found in a judgment, order, or other part of
the record. The court may do so on motion or on its own, with or without notice. But after
an appeal has been docketed in the appellate court and while it is pending, such a mistake
may be corrected only with the appellate court’s leave." We know the parties filed notices of appeal, but without more research we do not know whether the appellate court had docketed the appeal (which would cut off the district court's right to mess with its own order without permission of the appellate court). All other relief available under Rule 60 requires a motion by a party, and we haven't been told anyone filed a motion. I haven't read the actual order voiding the judgment. (Also, from a terminology standpoint, I do not think the US is appealing a settlement, it is appealing the judgment entered in the lawsuit where breach of a prior settlement was at issue). Without reading the order voiding the judgment it is hard to tell what's going on. It looks weird to me. I've not seen this before, but my practice does not involve much appellate practice. If I can find some more time I'll track down the order voiding the main order and see what it has to say by way of explanation.
(P.S. Thanks for your tireless efforts.)