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Wigton v. State Farm Fire & Cas. Co.

United States District Court, District of Montana
Feb 10, 2023
CV 20-98-M-DWM (D. Mont. Feb. 10, 2023)

Opinion

CV 20-98-M-DWM

02-10-2023

CARLA WIGTON, Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant.


ORDER

Donald W. Mollby, District Judge

On July 28, 2021, summary judgment was granted in favor of Plaintiff Carla Wigton. (Docs. 39, 40.) On November 30, 2021, an amended judgment awarding fees and costs to Wigton as the prevailing party was entered. (Doc. 67.) Defendant State Farm Fire and Casualty Company appealed the merits decision but not the fee award. (See Doc. 49.) On December 21, 2022, the Ninth Circuit reversed the Court's grant of summary judgment in favor of Plaintiff Carla Wigton, (Doc. 69), and a mandate was issued on January 12, 2023, (Doc. 70). Defendant now moves unopposed to vacate the November 30, 2021 amended judgment of the Ninth Circuit's reversal. (Docs. 67, 71.)

Federal Rule of Civil Procedure 60(b)(5) permits a court to “relieve a party . .. from a final judgment [or] order” when the judgment “is based on an earlier judgment that has been reversed or vacated.” The amended judgment awarding fees and costs in favor of Wigton is now based on an “earlier judgment that has been reversed” by the Ninth Circuit. Accordingly, IT IS ORDERED that Defendant's motion to vacate, (Doc. 71), is GRANTED. The November 30, 2021 Amended Judgment, (Doc. 67.), is VACATED.


Summaries of

Wigton v. State Farm Fire & Cas. Co.

United States District Court, District of Montana
Feb 10, 2023
CV 20-98-M-DWM (D. Mont. Feb. 10, 2023)
Case details for

Wigton v. State Farm Fire & Cas. Co.

Case Details

Full title:CARLA WIGTON, Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY…

Court:United States District Court, District of Montana

Date published: Feb 10, 2023

Citations

CV 20-98-M-DWM (D. Mont. Feb. 10, 2023)