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  • Document 84 Filed in TXSD On October 24 2007

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    Robert Davidson, M.D., Ph.D.
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    Order in Civil Action No. H-07-0471. ORDER This case, currently on appeal to the United States Court of Appeals for the Fifth Circuit, is before the Court on Plaintiffs’ “Motion for Indicative Ruling on Plaintiffs’ Motion Under Federal Rule of Civil Procedure 60(b)(4) to Set Aside the Final Order” [Doc. # 83] in which Plaintiffs ask the Court to “indicate that it would be inclined to grant Plaintiffs’ Motion . . . under FRCP 60(b)(4) to set aside the Final Order as void.” Plaintiffs have not formally filed a Rule 60(b)(4) motion, and it is inappropriate for the Court to render advisory opinions. Plaintiffs’ request for relief therefore is without merit. Accordingly, it is hereby ORDERED that Plaintiffs’ “Motion for Indicative Ruling on Plaintiffs’ Motion Under Federal Rule of Civil Procedure 60(b)(4) to Set Aside the Final Order” [Doc. # 83] is DENIED. SIGNED at Houston, Texas, this 23rd day of October, 2007.

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    Order in Civil Action No. H-07-0471. ORDER This case, currently on appeal to the United States Court of Appeals for the Fifth Circuit, is before the Court on Plaintiffs’ “Motion for Indicative Ruling on Plaintiffs’ Motion Under Federal Rule of Civil Procedure 60(b)(4) to Set Aside the Final Order” [Doc. # 83] in which Plaintiffs ask the Court to “indicate that it would be inclined to grant Plaintiffs’ Motion . . . under FRCP 60(b)(4) to set aside the Final Order as void.” Plaintiffs have not formally filed a Rule 60(b)(4) motion, and it is inappropriate for the Court to render advisory opinions. Plaintiffs’ request for relief therefore is without merit. Accordingly, it is hereby ORDERED that Plaintiffs’ “Motion for Indicative Ruling on Plaintiffs’ Motion Under Federal Rule of Civil Procedure 60(b)(4) to Set Aside the Final Order” [Doc. # 83] is DENIED. SIGNED at Houston, Texas, this 23rd day of October, 2007.

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    15 views2 pages

    Document 84 Filed in TXSD On October 24 2007

    Uploaded by

    Robert Davidson, M.D., Ph.D.
    Order in Civil Action No. H-07-0471. ORDER This case, currently on appeal to the United States Court of Appeals for the Fifth Circuit, is before the Court on Plaintiffs’ “Motion for Indicative Ruling on Plaintiffs’ Motion Under Federal Rule of Civil Procedure 60(b)(4) to Set Aside the Final Order” [Doc. # 83] in which Plaintiffs ask the Court to “indicate that it would be inclined to grant Plaintiffs’ Motion . . . under FRCP 60(b)(4) to set aside the Final Order as void.” Plaintiffs have not formally filed a Rule 60(b)(4) motion, and it is inappropriate for the Court to render advisory opinions. Plaintiffs’ request for relief therefore is without merit. Accordingly, it is hereby ORDERED that Plaintiffs’ “Motion for Indicative Ruling on Plaintiffs’ Motion Under Federal Rule of Civil Procedure 60(b)(4) to Set Aside the Final Order” [Doc. # 83] is DENIED. SIGNED at Houston, Texas, this 23rd day of October, 2007.

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    Case 4:07-cv-00471 Document 84 Filed in TXSD on 10/24/2007 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, currently on appeal to the United States Court of Appeals for the

    Fifth Circuit, is before the Court on Plaintiffs’ “Motion for Indicative Ruling on

    Plaintiffs’ Motion Under Federal Rule of Civil Procedure 60(b)(4) to Set Aside the

    Final Order” [Doc. # 83] in which Plaintiffs ask the Court to “indicate that it would

    be inclined to grant Plaintiffs’ Motion . . . under FRCP 60(b)(4) to set aside the Final

    Order as void.” Plaintiffs have not formally filed a Rule 60(b)(4) motion, and it is

    inappropriate for the Court to render advisory opinions. Plaintiffs’ request for relief

    therefore is without merit. Accordingly, it is hereby

    ORDERED that Plaintiffs’ “Motion for Indicative Ruling on Plaintiffs’ Motion

    Under Federal Rule of Civil Procedure 60(b)(4) to Set Aside the Final Order” [Doc.

    # 83] is DENIED.

    P:\ORDERS\11-2007\0471MIndicativeRuling.wpd 071024.1000
    Case 4:07-cv-00471 Document 84 Filed in TXSD on 10/24/2007 Page 2 of 2

    SIGNED at Houston, Texas, this 23rd day of October, 2007.

    P:\ORDERS\11-2007\0471MIndicativeRuling.wpd 071024.1000 2

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