United States Third Circuit

In a suit arising from alleged violations of a settlement agreement covering a trademark dispute between competing sellers of window blinds, vacatur of a default judgment entered against defendant in the Central District of California is vacated and remanded where: 1) Fed. R. Civ. P. 60(b)(6) allows a district court to vacate the judgment of another district court in "extraordinary circumstances," but no such circumstances existed in this case; and 2) additional fact-finding was necessary to determine whether the judgment should be vacated for lack of personal jurisdiction under Rule 60(b)(4).

Appellate Information

• Argued 04/09/2008
• Decided 07/28/2008
• Published 07/28/2008

Judges

• Before:  SMITH, HARDIMAN, and COWEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Howard A. Matalon, Esq., Stryker, Tams & Dill, LLP, Newark, NJ, Jeremiah J. Morgan, Esq. (argued), Bryan Cave LLP, Kansas City, MS, for Budget Blinds, Inc., Ronald J. Nelson, Esq. (argued), Warren, NJ, for Valerie White, et al.