-BGC United States of America v. Estate of Arthur D Becker et al, No. 3:2010cv03002 - Document 32 (C.D. Ill. 2011)

Court Description: OPINION entered by Chief Judge Michael P. McCuskey on 1/18/2011. The United States' Motion to Vacate Judgment and Dismiss Case (d/e 31) is ALLOWED. This case is CLOSED. (MAS, ilcd)

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-BGC United States of America v. Estate of Arthur D Becker et al Doc. 32 E-FILED Tuesday, 18 January, 2011 04:10:03 PM Clerk, U.S. District Court, ILCD IN THE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) ESTATE OF ARTHUR D. BECKER; ) HELEN ELLIOTT; BARBARA M. ) BECKER, EXECUTOR OF ARTHUR ) D. BECKER S ESTATE; PAT ) BECKER; ADA MASON; CONNIE ) HOBBS; BETTY HAVILAND; ) TERESA BECKER; UNKNOWN ) OWNERS, INCLUDING ) UNKNOWN HEIRS AND ) LEGATEES OF ARTHUR D. ) BECKER, DECEASED; AND ) NON-RECORD CLAIMANTS, ) ) Defendants. ) No. 10-3002 OPINION The Court now considers the United States Motion Vacate Judgment and Dismiss Case (Motion). See d/e 31. FACTS & ANALYSIS On July 14, 2010, the Court entered Judgment of Foreclosure. See d/e 27. Final judgment was entered against the Defendants that same day. See 1 Dockets.Justia.com d/e 28. The Government s Motion advises the Court that Defendants fully satisfied the foreclosure s underlying debt on December 3, 2010. Id. at p. 1. Thus, pursuant to Federal Rule of Civil Procedure 60(b)(5), the Government moves the Court to vacate Judgment and dismiss the case. The Government s Motion is unopposed. Rule 60(b)(5) allows the Court to issue relief from final judgment if a judgment has been satisfied. Id. Because the Government informs the Court that the July 14, 2010, Judgment was satisfied via the December 3, 2010, payment, relief from judgment is appropriate. CONCLUSION THEREFORE, the United States Motion to Vacate Judgment and Dismiss Case (d/e 31) is ALLOWED. This case is CLOSED. ENTERED this 18th day of January, 2011 s/ Michael P. McCuskey MICHAEL P. McCUSKEY CHIEF U.S. DISTRICT JUDGE 2

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