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- Sep 24, 2003
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Judge Wake Denies Addington Plaintiffs' Motion
Today, only two days after oral argument, Judge Wake issued an Order, which denied the plaintiffs' motion, pursuant to Rule 60(B), to reopen the dismissed Addington matter. Plaintiffs argued that Addington had suddenly ripened simply because US Airways filed a declaratory judgment action, and therefore Judge Wake should reopen the entire Addington case.
Judge Wake rejected plaintiffs' argument in today's Order noting that, "Plaintiffs' Rule 60(B) motion expressly asks the Court to vacate the judgment mandated by the Court of Appeals on the very issue disposed of by the Court of Appeals … But [Rule 60(B)] does not empower the Court to revive an action that the Court of Appeals ordered to be dismissed." A complete copy of today's Order can be located in USAPA's Legal Library.
USAPA will provide an update as soon as Judge Wake issues a decision on plaintiffs' motion to transfer the US Airways' declaratory judgment action to his Court.
USAPA Legal
Today, only two days after oral argument, Judge Wake issued an Order, which denied the plaintiffs' motion, pursuant to Rule 60(B), to reopen the dismissed Addington matter. Plaintiffs argued that Addington had suddenly ripened simply because US Airways filed a declaratory judgment action, and therefore Judge Wake should reopen the entire Addington case.
Judge Wake rejected plaintiffs' argument in today's Order noting that, "Plaintiffs' Rule 60(B) motion expressly asks the Court to vacate the judgment mandated by the Court of Appeals on the very issue disposed of by the Court of Appeals … But [Rule 60(B)] does not empower the Court to revive an action that the Court of Appeals ordered to be dismissed." A complete copy of today's Order can be located in USAPA's Legal Library.
USAPA will provide an update as soon as Judge Wake issues a decision on plaintiffs' motion to transfer the US Airways' declaratory judgment action to his Court.
USAPA Legal