Finance of America Reverse, LLC v. Figuereya-Montalvo et al, No. 3:2016cv02613 - Document 63 (D.P.R. 2023)

Court Description: OPINION AND ORDER re 60 MOTION to dismiss without prejudice as to Carmen Iris Figuereya-Montalvo filed by Finance of America Reverse, LLC, 62 Joint MOTION to Set Aside Judgment as to All Defendants filed by Finance of Am erica Reverse, LLC. The Court hereby GRANTS the parties' joint request for relief of judgment at ECF No. 62, and, accordingly, VACATES the Default Judgment at ECF No. 28. Moreover, having vacated the Default Judgment at ECF No. 28, plaintiff&# 039;s motion for voluntary dismissal at ECF No. 60 is GRANTED as requested. Thus, the case is voluntarily DISMISSED without prejudice pursuant to Fed. R. Civ. P. 41(a)(2). Clerk of Court is to enter judgment accordingly. All other pending motions are hereby MOOT. Signed by Judge Aida M. Delgado-Colon on 5/12/2023.(wm)

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Finance of America Reverse, LLC v. Figuereya-Montalvo et al Doc. 63 Case 3:16-cv-02613-ADC Document 63 Filed 05/15/23 Page 1 of 2 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO FINANCE OF AMERICA REVERSE, LLC, Plaintiff, v. Civil No. 16-2613 (ADC) CARMEN IRIS FIGUEREYA MONTALVO; ET AL., Defendants. OPINION AND ORDER On May 15, 2023, the parties filed a “Joint motion for relief from judgment” at ECF No. 62 wherein the parties request entry of an “order for relief from judgment” pursuant to Fed. R. Civ. P. 60(b)(5). Moreover, the parties informed the “[d]efendant fulfilled her obligations and having her loan been reinstated and restored to current status, the Parties request relief from judgment of the present case.” ECF No. 62 at 2. The Court commends the parties and counsel for their candor and efforts leading to an extrajudicial resolution of this case. The Court thus hereby GRANTS the parties’ joint request for relief of judgment at ECF No. 62, and, accordingly, VACATES the Default Judgment at ECF No. 28. Moreover, having vacated the Default Judgment at ECF No. 28, plaintiff’s motion for voluntary dismissal at ECF No. 60 is GRANTED as requested. Thus, the case is voluntarily DISMISSED without prejudice pursuant to Fed. R. Civ. P. 41(a)(2). Dockets.Justia.com Case 3:16-cv-02613-ADC Document 63 Filed 05/15/23 Page 2 of 2 Page 2 Clerk of Court is to enter judgment accordingly. All other pending motions are hereby MOOT. SO ORDERED. At San Juan, Puerto Rico, on this 12th day of May, 2023. S/AIDA M. DELGADO-COLÓN United States District Judge

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