Opinion
Case No. 3:04cv013.
October 21, 2010
ORDER
This matter came to be heard upon the joint motion of the parties, pursuant to Fed.R. Cir P. 60(b) and Fed.R.App.P. 12.1, asking this Court to enter a modified Opinion and Judgment replacing Document #251 in these proceedings.
Considering the parties desire to settle and the entire record, the Court is of the opinion, and so finds, that should the case be remanded to it by the Court of Appeals for the Sixth Circuit, this Court is inclined to grant the relief requested.
IT IS, THEREFORE, ORDERED BY THE COURT that if this case is remanded to the District Court by the Court of Appeals, this court is disposed to grant the parties' 60(b) motion.
ENTERED this 21st day of October, 2010.