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MOTOROLA CREDIT CORP. v. UZAN

Docket No. 07-2076-cv.

561 F.3d 123 (2009)

MOTOROLA CREDIT CORPORATION and Nokia Corporation, Plaintiffs-Appellees, v. Kemal UZAN, Cem Cengiz Uzan, Murat Hakan Uzan, Melahat Uzan, Aysegul akay, and Antonio Luna Betancourt, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: March 31, 2009.

Attorney(s) appearing for the Case

Howard H. Stahl (Stephen K. Davidson and Bruce C. Bishop, on the brief), Steptoe & Johnson LLP, Washington, D.C., for Plaintiff-Appellee Motorola Credit Corp.

Jason Brown, Ropes & Gray LLP, New York, NY, and David D. Howe, Holland & Knight LLP, New York, NY, for Plaintiff-Appellee Nokia Corp.

May Orenstein, Brown Rudnick LLP, New York, N.Y. (David Molton, Brown Rudnick LLP, New York, N.Y. and R. Stan Mortenson, Baker Botts LLP, Washington, DC, on the brief) for Defendants-Appellants.

Before CABRANES, WESLEY, Circuit Judges, and KORMAN, District Judge.

JOSÉ A. CABRANES, Circuit Judge:

The principal question in this appeal is whether a judgment for damages must be amended pursuant to Rule 60(b) of the Federal Rules of Civil Procedure where plaintiffs have partially recovered from other sources and have agreed to use this partial recovery as a "set-off" against the judgment. For the reasons stated below, we hold that the relief available under Rule 60(b) is both discretionary and equitable, and that the District...

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