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document 96 filed in txsd on april 9 2008

document 96 filed in txsd on april 9 2008

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Order in Civil Action No. H-07-0471. ORDER This case is before the Court on Plaintiffs’ Motion to Vacate Judgment Under Rule 60(b) (“Motion”) [Doc. # 95].1 Plaintiffs allege that the Court’s decision
dismissing this case for improper venue, a decision that has been affirmed by the United States Court of Appeals for the Fifth Circuit, was based on fraud or is void. Plaintiffs raised these same allegations before the Fifth Circuit during the appeal. See, e.g., Motion, ¶ 17. Finding no merit in Plaintiff’s arguments, and finding that the arguments were presented to and apparently rejected by the Fifth Circuit, it is hereby
ORDERED that the Motion to Vacate Judgment [Doc. # 95] is DENIED.
Order in Civil Action No. H-07-0471. ORDER This case is before the Court on Plaintiffs’ Motion to Vacate Judgment Under Rule 60(b) (“Motion”) [Doc. # 95].1 Plaintiffs allege that the Court’s decision
dismissing this case for improper venue, a decision that has been affirmed by the United States Court of Appeals for the Fifth Circuit, was based on fraud or is void. Plaintiffs raised these same allegations before the Fifth Circuit during the appeal. See, e.g., Motion, ¶ 17. Finding no merit in Plaintiff’s arguments, and finding that the arguments were presented to and apparently rejected by the Fifth Circuit, it is hereby
ORDERED that the Motion to Vacate Judgment [Doc. # 95] is DENIED.

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Published by: Robert Davidson, M.D., Ph.D. on Aug 12, 2009
Copyright:Public Domain

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The Fifth Circuit ordered Plaintiffs to pay Defendants\u2019 attorneys\u2019 fees and costs.See Docs. # 85, # 86, and # 87. The Fifth Circuit further ordered that Plaintiffs were not to file \u201cfurther appeals or civil actions\u201d against any of the Defendants in any federal court without first providing proof that Plaintiffs had paid the fees and costs.See Doc. # 85. This Court does not express any opinion regarding whether Plaintiffs\u2019 filing of the Motion to Vacate is in violation of the Fifth Circuit\u2019s orders.

P:\ORDERS\11-2007\0471Rule60(b).wpd 080409.1237

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

ROBERT M. DAVIDSON, et al.,
\u00a7
Plaintiffs,
\u00a7
\u00a7
v.
\u00a7
CIVIL ACTION NO. H-07-0471
\u00a7
JAY GROSSMAN, et al.,
\u00a7
Defendants.
\u00a7
ORDER
This case is before the Court on Plaintiffs\u2019 Motion to Vacate Judgment Under
Rule 60(b) (\u201cMotion\u201d) [Doc. # 95].1

Plaintiffs allege that the Court\u2019s decision dismissing this case for improper venue, a decision that has been affirmed by the United States Court of Appeals for the Fifth Circuit, was based on fraud or is void. Plaintiffs raised these same allegations before the Fifth Circuit during the appeal.See,

e.g., Motion, \u00b6 17. Finding no merit in Plaintiff\u2019s arguments, and finding that the
arguments were presented to and apparently rejected by the Fifth Circuit, it is hereby
ORDERED that the Motion to Vacate Judgment [Doc. # 95] is DENIED.
Case 4:07-cv-00471 Document 96
Filed in TXSD on 04/09/2008 Page 1 of 2

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