UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS
August 25, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
DERRICK W. TAYLOR AND BROOKE N. TAYLOR, DEFENDANTS.
The opinion of the court was delivered by: J. Phil Gilbert District Judge
MEMORANDUM AND ORDER
This matter comes before the Court on the Government's Motion to Vacate Judgment and Dismiss (Doc. 15).
On May 14, 2010, the Court granted the Government's Motion for Default Judgment (Doc. 13) and entered a judgment decree on and directed sale of the underlying property in this matter. (See Doc. 14). The Government now informs the Court that Defendants Derrick and Brooke Taylor have satisfied said property's mortgage indebtedness.
A court "may set aside a default judgment under [Federa] Rule [of Civil Procedure] 60(b)." Fed. R. Civ. P. 55(c). Rule 60(b) permits vacatur of default judgment if, inter alia, "the judgment has been satisfied, released or discharged . . . ." Here, the Court is satisfied from the Government's motion that the judgment on the underlying property has been fully satisfied. Accordingly, the Court GRANTS the instant motion (Doc. 15), VACATES the Judgment Decree and Order Directing Sale of Mortgaged Property (Doc. 14) of May 14, 2010, and DISMISSES these foreclosure proceedings as moot.
IT IS SO ORDERED.
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