Moore v. Duran

No. 3:23-cv-0194-GPC-DDL (S.D. Cal. Sept. 25, 2025) · United States District Court for the Southern District of California · September 25, 2025 · No. 3:23-cv-0194-GPC-DDL

Summary

The United States District Court for the Southern District of California granted the parties’ joint motion to vacate the judgment entered against Defendant Manquero under Federal Rule of Civil Procedure 60(b). The court found that the post-judgment settlement, including payment and waiver of certain rights, supported vacatur and dismissed the action with prejudice.

Holdings

  1. Vacatur was warranted because the parties' settlement, waiver of appellate and cost claims, lack of identified adverse public or third-party interests, fact-specific nature of the judgment, and continued availability of the judgment in flagged electronic databases outweighed the interests opposing vacatur.
  2. After vacating the August 8, 2025 judgment, the court dismissed the action with prejudice pursuant to the parties' settlement and request for dismissal.

Questions Presented

  1. Whether the district court should vacate its own post-trial judgment under Federal Rule of Civil Procedure 60(b) based on the parties' post-judgment settlement and waiver of appellate and cost claims.
  2. Whether the action should be dismissed with prejudice after the judgment was vacated and the parties requested dismissal pursuant to their settlement.

Disposition

vacated

Cases Cited (10)

  • Liberty Mut. Fire Ins. Co. v. Bosa Dev. California II, Inc., No. 17-CV-00666-AJB-BGS, 2022 WL 2902782, at *1-*2 (S.D. Cal. Feb. 10, 2022)(followed)
  • Am. Games, Inc. v. Trade Prods., Inc., 142 F.3d 1164, 1168, 1170 (9th Cir. 1998)(followed)
  • Ayotte v. Am. Econ. Ins. Co., 578 F. App'x 657, 658-59 (9th Cir. 2014)(followed)
  • Bedrock Fin., Inc. v. United States, No. 1:10-CV-01055 MJS HC, 2015 WL 1989106, at *3-*4 (E.D. Cal. Apr. 30, 2015)(followed)
  • Gardner v. CafePress Inc., No. 3:13-CV-1108-GPC-JLB, 2015 WL 13427727, at *3 (S.D. Cal. Jan. 9, 2015)(followed)
  • Bates v. Union Oil Co. of California, 944 F.2d 647, 650 (9th Cir. 1991)(followed)
  • Ringsby Truck Lines, Inc. v. W. Conf. of Teamsters, 686 F.2d 720, 721 (9th Cir. 1982)(followed)
  • Nixon v. Warner Commc'n, Inc., 435 U.S. 589, 597-98 (1978)(followed)
  • NASD Disp. Resol., Inc. v. Jud. Council of State of Cal., 488 F.3d 1065, 1069 (9th Cir. 2007)(followed)
  • U.S. Bancorp Mortg. Co. v. Bonner Mall P'ship, 513 U.S. 18, 26 (1994)(followed)

Cited In (0)

No citing cases on record yet.

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