United States Sixth Circuit

In an appeal arising from the parties' voluntary settlement of a federal action in which Ford Motor Company alleged that defendant-Mustangs Unlimited had committed trademark counterfeiting, infringement, dilution, and other violations, grant of Ford's motion to set aside the consent judgment pursuant to Federal Rule of Civil Procedure 60(b)(6) is vacated and remanded as: 1) a breach of a settlement agreement does not, without more, constitute an exceptional or extraordinary circumstance warranting relief under Rule 60(b)(6); and 2) the record below contained neither an explicit determination that the circumstances were extraordinary or exceptional, nor any specific reasoning supporting such a determination.

Appellate Information

• Decided 05/24/2007
• Published 05/24/2007

Judges

• Before: MOORE and GIBBONS, Circuit Judges;  SARGUS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Vincent M. Amberly, Litman Law Offices, Arlington, Virginia, for Appellant.  Scott R. Ryther, Howard, Phillips & Anderson, Salt Lake City, Utah, for Appellee.   ON BRIEF:  Vincent M. Amberly, Litman Law Offices, Arlington, Virginia, for Appellant.  Scott R. Ryther, Gregory D. Phillips, Howard, Phillips & Anderson, Salt Lake City, Utah, for Appellee.