John Branca v. Heal the World Foundation

Ninth Circuit

John Branca v. Heal the World Foundation

568 F. App'x 521

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 14, 2014

Docket11-56926, 11-57048

StatusUnpublished

This text of 568 F. App'x 521 (John Branca v. Heal the World Foundation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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John Branca v. Heal the World Foundation, 568 F. App'x 521 (9th Cir. 2014).

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Opinion

MEMORANDUM *

Defendants Heal the World Foundation and United Fleet appeal the district *522 court’s denial of Defendants’ motion pursuant to Federal Rule of Civil Procedure 60(b) seeking relief from the judgment entered against them. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

1. The district court did not abuse its discretion when it denied Defendants’ Rule 60(b) motion. See United States v. Chapman, 642 F.3d 1236, 1240 (9th Cir.2011). First, the district court did not abuse its discretion in concluding that no relief was warranted under Rule 60(b)(2) because the purported new evidence was discovered prior to the entry of judgment. See Jones v. AerolChem Corp., 921 F.2d 875, 878 (9th Cir.1990). Second, the district court did not abuse its discretion in denying relief under Rule 60(b)(4) because the district court’s amended judgment only bound Melissa Johnson in her official capacity as an officer of Defendants. See Fed.R.Civ.P. 65(d)(2); N.L.R.B. v. Sequoia Dist. Council of Carpenters, AFL-CIO, 568 F.2d 628, 633-34 (9th Cir.1977). Finally, the district court did not abuse its discretion under Rule 60(b)(6) because, notwithstanding any representations by Defendants’ attorney that the Settlement Agreement that Johnson signed was non-binding, the agreement was only 6 pages long and was expressly labeled as “binding,” “final,” and “enforceable.” Thus, enforcement of the agreement was not manifestly unjust. Latshaw v. Trainer Wortham & Co., Inc., 452 F.3d 1097, 1103 (9th Cir.2006).

2. Because we conclude that relief from the Settlement Agreement and resulting judgment is not warranted under Rule 60(b), we need .not resolve Defendants’ other arguments regarding whether the district court properly (1) dismissed Defendants’ counterclaims, and (2) entered a preliminary injunction against Defendants. See Slaven v. Am. Trading Transp. Co., Inc., 146 F.3d 1066, 1070 (9th Cir.1998).

AFFIRMED.

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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MEMORANDUM *

Defendants Heal the World Foundation and United Fleet appeal the district *522 court’s denial of Defendants’ motion pursuant to Federal Rule of Civil Procedure 60(b) seeking relief from the judgment entered against them. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

1. The district court did not abuse its discretion when it denied Defendants’ Rule 60(b) motion. See United States v. Chapman, 642 F.3d 1236, 1240 (9th Cir.2011). First, the district court did not abuse its discretion in concluding that no relief was warranted under Rule 60(b)(2) because the purported new evidence was discovered prior to the entry of judgment. See Jones v. AerolChem Corp., 921 F.2d 875, 878 (9th Cir.1990). Second, the district court did not abuse its discretion in denying relief under Rule 60(b)(4) because the district court’s amended judgment only bound Melissa Johnson in her official capacity as an officer of Defendants. See Fed.R.Civ.P. 65(d)(2); N.L.R.B. v. Sequoia Dist. Council of Carpenters, AFL-CIO, 568 F.2d 628, 633-34 (9th Cir.1977). Finally, the district court did not abuse its discretion under Rule 60(b)(6) because, notwithstanding any representations by Defendants’ attorney that the Settlement Agreement that Johnson signed was non-binding, the agreement was only 6 pages long and was expressly labeled as “binding,” “final,” and “enforceable.” Thus, enforcement of the agreement was not manifestly unjust. Latshaw v. Trainer Wortham & Co., Inc., 452 F.3d 1097, 1103 (9th Cir.2006).

2. Because we conclude that relief from the Settlement Agreement and resulting judgment is not warranted under Rule 60(b), we need .not resolve Defendants’ other arguments regarding whether the district court properly (1) dismissed Defendants’ counterclaims, and (2) entered a preliminary injunction against Defendants. See Slaven v. Am. Trading Transp. Co., Inc., 146 F.3d 1066, 1070 (9th Cir.1998).

AFFIRMED.

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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