Case 4:07-cv-00471 Document 96 Filed in TXSD on 04/09/2008 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

ROBERT M. DAVIDSON, et al., §

Plaintiffs, §
§
v. § CIVIL ACTION NO. H-07-0471
§
JAY GROSSMAN, et al., §
Defendants. §

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.

1
The Fifth Circuit ordered Plaintiffs to pay Defendants’ attorneys’ fees and costs. See
Docs. # 85, # 86, and # 87. The Fifth Circuit further ordered that Plaintiffs were not
to file “further appeals or civil actions” 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’
filing of the Motion to Vacate is in violation of the Fifth Circuit’s orders.
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 Case 4:07-cv-00471 Document 96 Filed in TXSD on 04/09/2008 Page 2 of 2

SIGNED at Houston, Texas, this 9th day of April, 2008.

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