Bright v. Life Insurance Company of North America

Full title: CHERYL BRIGHT, Plaintiff, v. LIFE INSURANCE COMPANY OF NORTH AMERICA…

Court: United States District Court, D. Hawaii

Date published: Jan 25, 2005

Civil No. 03-00472 SPK-LEK (D. Haw. Jan. 25, 2005)

Opinion

Civil No. 03-00472 SPK-LEK.

January 25, 2005

TORKILDSON, KATZ, FONSECA, MOORE HETHERINGTON, Attorneys at Law, A Law Corporation.

MATT A. TSUKAZAKI, Attorneys for Defendant. LIFE INSURANCE COMPANY OF NORTH AMERICA, Honolulu, HI.

LAW OFFICES OF CARL M. VARADY, CARL M. VARADY, Attorney for Plaintiff, CHERYL BRIGHT, Honolulu, HI.

ORDER GRANTING JOINT MOTION BY PLAINTIFF CHERYL BRIGHT AND DEFENDANT LIFE INSURANCE COMPANY OF NORTH AMERICA FOR VACATUR OF THE JUDGMENT DATED JULY 22, 2004 AND THE ORDER GRANTING SUMMARY JUDGMENT DATED JULY 21, 2004, FILED JANUARY 10, 2005.

SAMUEL KING, Senior District Judge

On January 10, 2005, Plaintiff Cheryl Bright and Defendant Life Insurance Company of North America filed their "JOINT MOTION FOR VACATUR OF THE JUDGMENT DATED JULY 22, 2004 AND THE ORDER GRANTING SUMMARY JUDGMENT DATED JULY 21, 2004") as a non-hearing motion. After consideration of the memoranda submitted, and for good cause shown,

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the JOINT MOTION FOR VACATUR OF THE JUDGMENT DATED JULY 22, 2004 AND THE ORDER GRANTING SUMMARY JUDGMENT DATED JULY 21, 2004 shall be, and is hereby, GRANTED as follows:

1. Pursuant to Rule 60(b) of the Federal Rules of Civil Procedure, the Judgment dated July 22, 2004 is hereby vacated and set aside;

2. Pursuant to Rule 60(b) of the Federal Rules of Civil Procedure, the Order Granting Plaintiff's Motion for Summary Judgment and Order Denying Defendant's Motion for Summary Judgment filed on July 21, 2004 (the "Opinion") is hereby vacated and set aside;

3. The Opinion shall not be certified for publication and the Opinion shall be withdrawn from publication by case reporting services. The court will inform the case reporting services to remove the Opinion from publication.

4. It is strongly recommended that case reporting services, including Westlaw and Lexis/Nexis, which have published the Opinion (including, but not limited to the citations of Bright v. Life Insurance Company of North America, 327 F. Supp. 2d 1230 (D. Haw. 2004), 2004 U.S. Dist. LEXIS 14969, remove the Opinion from their electronic services and/or databases, and delete the Opinion from future reprintings of bound volumes.

5. Subsequent history on all reporting services shall reflect that the Opinion has been vacated.

6. Counsel for Defendant Life Insurance Company of North America are ordered to serve a copy of this Order to the case reporting services within 5 days of the date of entry of this Order to facilitate implementation of this Order.

7. The Report of the Special Master on Plaintiff Cheryl Bright's Motion for Award of Attorneys' Fees and Costs [Filed December 30, 2004] is hereby vacated and set aside.