Opinion
No. C-03-2614 SC
November 4, 2003
ORDER GRANTING PLAINTIFFS' MOTION TO VACATE JUDGMENT
This matter came before the Court on Motion of Plaintiffs to Alter or Amend and Clarify, or in the Alternative to Vacate the Judgment entered by this Court, dated October 17, 2003. The Judgment was issued following a Motion to Transfer Venue, and did not result from any determination of the merits of any claim in the action. A Judgment is not required to be entered at the time of transferring venue of an action. Therefore, to permit the Judgment to be made would constitute manifest error, and a mistake of fact. It is not what the Court intends. Accordingly, under Rules 59(e) and 60 of the Federal Rules of Civil Procedure, the Judgment entered October 17, 2003, should be vacated.
The Court, being informed on this matter, and good cause appearing, the said Judgment is Hereby Vacated.
IT IS SO ORDERED.