Intervenor Chippewa dba Much and House Public Relations and Marketing Management’s Motion to Vacate Judgment is DENIED.
MOTION TO VACATE JUDGMENT
Chippewa moves to vacate the judgment in this case between Timed Out and Prisma on the ground that it was obtained by extrinsic fraud, which deprived Chippewa of the opportunity for a fair adversarial hearing. (Motion at p. 7.)
Extrinsic fraud occurs when a party is deprived of the opportunity to present his claim or defense to the court; where he was kept ignorant or, other than from his own negligence, fraudulently prevented from fully participating in the proceeding. Examples of extrinsic fraud are: failure to give notice of the action to the other party, and convincing the other party not to obtain counsel because the matter will not proceed (and then it does proceed). The essence of extrinsic fraud is one party's preventing the other from having his day in court. Extrinsic fraud only arises when one party has in some way fraudulently
Hearing Date
September 24, 2020
Type
Other Non-Personal Injury/Property Damage tort (General Jurisdiction)
Status
Jury Verdict 01/24/2020
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Intervenor Chippewa dba Much and House Public Relations and Marketing Management’s Motion to Vacate Judgment is DENIED.
MOTION TO VACATE JUDGMENT
Chippewa moves to vacate the judgment in this case between Timed Out and Prisma on the ground that it was obtained by extrinsic fraud, which deprived Chippewa of the opportunity for a fair adversarial hearing. (Motion at p. 7.)
Extrinsic fraud occurs when a party is deprived of the opportunity to present his claim or defense to the court; where he was kept ignorant or, other than from his own negligence, fraudulently prevented from fully participating in the proceeding. Examples of extrinsic fraud are: failure to give notice of the action to the other party, and convincing the other party not to obtain counsel because the matter will not proceed (and then it does proceed). The essence of extrinsic fraud is one party's preventing the other from having his day in court. Extrinsic fraud only arises when one party has in some way fraudulently