U.S. v. SIERRA PACIFIC INDUSTRIES, INC.

No. 15-15799.

862 F.3d 1157 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. SIERRA PACIFIC INDUSTRIES, INC.; W.M. Beaty and Associates, Inc.; Ann Mckeever Hatch, as trustee of the Hatch 1987 revocable trust; Richard L. Greene, As Trustee of the Hatch Irrevocable Trust; Brooks Walker, Jr., as Trustee of the Brooks Walker, Jr. Revocable Trust and the Della Walker Van Loben Sels Trust for the issue of Brooks Walker, Jr; Brooks Walker III, individually and as trustee of the Clayton Brooks Danielsen, the Myles Walker Danielsen, and the Benjamin Walker Burlock trust, the Margaret Charlotte Burlock Trust; Leslie Walker, individually and as trustee of the Brooks Thomas Walker Trust, the Susie Kate Walker Trust and the Della Grace Walker trusts; Wellington Smith Henderson, Jr., as Trustee of the Henderson Revocable Trust; Elena D. Henderson; Mark W. Henderson, as Trustee of the Mark W. Henderson Revocable Trust; John C. Walker, individually and as trustee of the Della Walker Van Loben Sels trust for the issue of John C. Walker; James A. Henderson; Charles C. Henderson, as Trustee of the Charles C. and Kirsten Henderson Revocable Trust; Joan H. Henderson; Jennifer Walker, individually and as trustee of the Emma Walker Silverman Trust and the Max Walker Silverman Trust; Kirby Walker; Lindsey Walker, aka Lindsey Walker-Silverman, individually and as trustee of the Reilly Hudson Keenan and Madison Flanders Keenan Trust; Eunice E. Howell, dba Howell's Forest Havesting Company, individually, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 13, 2017.


Attorney(s) appearing for the Case

William R. Warne (argued), Meghan M. Baker , Annie S. Amaral , and Michael J. Thomas , Downey Brand LLP, Sacramento, California; Jennifer T. Lias and Richard W. Beckler , Bracewell & Giuliani LLP, Washington, D.C.; for Defendants-Appellants Sierra Pacific Industries, Inc.

Richard S. Linkert (argued) and Julia M. Reeves , Matheny Sears Linkert & Jaime, Sacramento, California; Phillip R. Bonotto , Rushford & Bonotto LLP, Sacramento, California; for landowner Defendants-Appellants.

David T. Shelledy (argued), Matthew D. Segal , and Kelli L. Taylor , Assistant United States Attorneys; United States Attorney's Office, Sacramento, California; for Plaintiff-Appellee.

Julie A. Weis , Haglund Kelley LLP, Portland, Oregon, for Amicus Curiae Michael Cole and Tom Hoffman, Retirees of the California Department of Forestry and Fire Protection.

Theodore J. Boutrous, Jr. and Blaine H. Evanson , Gibson Dunn & Crutcher LLP, Los Angeles, California; Katherine C. Yarger , Gibson Dunn & Crutcher LLP, Denver, Colorado; Stephen S. Schwartz and Daniel Z. Epstein , Cause of Action Institute, Washington, D.C.; for Amicus Curiae Cause of Action Institute.

Parker Douglas , Utah Federal Solicitor, and Sean D. Reyes , Attorney General, Utah Attorney General's Office, Salt Lake City, Utah; Mark Brnovich , Attorney General, United States Attorney's Office, Phoenix, Arizona; Adam Paul Laxalt , Attorney General, United States Attorney's Office, Carson City, Nevada; Doug Peterson , Attorney General, Attorney General's Office, Lincoln, Nebraska; Brad D. Schimel , Attorney General, Wisconsin Department of Justice, Madison, Wisconsin; for Amici Curiae Attorney Generals for the States of Arizona, Nebraska, Nevada, Utah, and Wisconsin.

Before: Sidney R. Thomas, Chief Judge, Mary H. Murguia, Circuit Judge, and Jon P. McCalla, District Judge.


OPINION

We are asked to decide whether certain allegations of fraud, some of which were known before the parties settled and some of which came to light after settlement, rise to the level of fraud on the court such that relief from the settlement agreement is warranted under Federal Rule of Civil

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