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No. 92-2161
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Christopher R. O'Hara, Nutter, McClennen & Fish, and Ray C.
______________________ ________________________
______
Stoner,
Eckert, Seamans, Cherin & Mellott, on brief for
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appellees.
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__________________
Per Curiam.
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This
is an
appeal from
a district
settlement agreement.
Appellants, Valerie
and
Richard
after
Essentially,
the
distributorship,
Brayalls
were
claiming that
unhappy
they were
As a result of
with
their
misled as
to how
state court.
On August
sent a letter
RICO
to the
claim had
parties
had
included the
been settled.
reached
an
dismissal of
The
it that
letter stated
agreement
"in
the
that the
principle"
which
"with prejudice."
dismissal.
The
August
Accordingly,
31, 1989,
order provided
the district
settlement order
for the
of
dismissal "without
-2-
prejudice to the
right of
good cause
within 60 days,
to reopen
the action if
settlement is
consummated."
shown
not
court;
docketed
(2)
"suggestion
on February
automatic stay of
resigned
20, 1990,
the RICO
bankruptcy,"
action; (3)
although
as an
their attorney
had
was withheld
concerning
the RICO
claim; and
(6)
Attached to
for Dart.
This
Dart's motion
by the Brayalls'
to enforce the
was a letter
attorney to counsel
be dismissed
settlement
but also
of
collection
dated
action (also
was to
terms of
pending
the
in
the
the
reopen,
Dart submitted
an
of the
-3-
Brayalls'
to a superior court
agreed to
judge.
In
by the
the settlement so
that they
could
Brayalls
filed an
answer
to
the motion
to
argued, in addition to
the district
settlement
not
had
settlement agreement
been
fully
agreed
terms of
upon,
that
the
the
in discovery
and that
the Brayalls
had not
waived
for relief
trial court."
United States v.
_____________
discretion.
determined
Id.
__
not to
Where
pursue
litigants
have
their claims,
voluntarily
the party
seeking
-4-
"extraordinary circumstances."
relevant to
can
show
our inquiry on
a good
Id.
__
The considerations
reason for
not
the Brayalls
taking action
sooner and
delay.
See
___
id. at
__
661.
The
adequately
reasons
stated
by
the
Brayalls
of time between
they
did
attorney
not
wish to
states that
In
It appears
decided that
his affidavit,
withdrew their
approval of
to
the
Brayalls
themselves,
their
not
the order of
do
their
the
Further,
attorney's
least very
shortly thereafter.
Yet two
years
basis to
exhaustion,
justify undoing a
duress and
final judgment.
coercion abound,
but
may well
be that
the expense
and burden
of litigation
-5-
impelled the
Brayalls to countenance a
ever filed.
This
papers were
the
Brayalls
are
attacking a
Having discharged
into
their
judgment
________
dismissing
attorney and
taken the
their case.
litigation
the district
they wished
extraordinary
excuse for
do so and,
absent an
may not
do so
now.
For
the
foregoing reasons,
-6-
the
judgment
of the