Memorandum Decision signed on 6/24/2016 Granting Permission to Reopen Previously Entered Judgment Based on Newly Discovered Evidence (related document(s)16, 1, 19). The Complaint in this case, and the parties submissions with respect to the motion to dismiss, are deemed to be a motion, pursuant to Rule 60(b)(2), to reopen the judgment entered in the prior adversary proceeding (AP number 12-01561). The newly discovered evidence resulted in fraud allegations that are different from those that were alleged prior to entry of the judgment. The standard to reopen a judgment based upon a pleading deficiency on the grounds of newly discovered evidence has been met. The motion to dismiss on grounds of res judicata is therefore denied, and the motion for sanctions is also denied.
Friday, June 24, 2016