Dye
Dye v. Sachs (In re Flashcom, Inc.)
Opinion
Lead Opinion
Kwan, J.
AMENDED SUPPLEMENTAL MEMORANDUM DECISION RE: PLAINTIFF’S MOTION FOR ENTRY OF JUDGMENT AND ANDRA SACHS DEFENDANTS’ MOTION FOR RELIEF FROM ORDERS PURSUANT TO FED. R. CIV. P.
In the original Memorandum Decision re: Plaintiffs Motion for Entry of Judgment and Andra Sachs Defendants’ Motion Pursuant to Fed.R.Civ.P. 60, filed and entered on March 5, 2013 as Docket No. 634, the court ruled that it would grant the motion of defendants Andra Sachs, Ashby Enterprises and Max-Singer Partnership (collectively known as the “Andra Sachs Defendants”) for relief under Rule 60 of the Federal Rules of Civil Procedure. (In this amended supplement, the Andra Sachs Defendants are also referred to as “Defendants,” and Andra Sachs is sometimes referred to as “Andra”.) However, in its original memorandum decision, the court did not address the argument of plaintiff Carolyn Dye, Liquidating Trustee (“Trustee”) that such relief is precluded by the United States Supreme Court’s decision in United Student Aid Funds, Inc. v. Espinosa, 559 U.S. 260 , 130 S.Ct. 1367 , 176 L.Ed.2d 158 (2010). By this Amended Supplemental Memorandum Decision, the court addresses and rejects the Trustee’s argument. This…