BLUE CROSS AND BLUE SHIELD ASSOCIATION, Plaintiff-Appellant, v. William Joseph COX, Defendant-Appellee, 403 F. App'x 417

PER CURIAM: Appellant Blue Cross and Blue Shield Association (“BCBSA”) asks this Court, in accordance with the settlement agreement of the parties, to vacate the September 23, 2009

Summary Judgment entered in favor of Appellee William Joseph Cox. Because of the exceptional circumstances of this case, we VACATE the Judgment pursuant to 28 U.S.C. § 2106. See U.S. Bancorp Mortg. Co. v. Bonner Mall P’ship, 513 U.S. 18, 29, 115 S.Ct. 386, 130 L.Ed.2d 233 (1994). Thus, we DISMISS the appeal as moot, pursuant to the parties’ settlement agreement. . Unexpected developments make it unlikely that full counseling would be available to the court if litigation continues in this case. The possible preclusive effect if the case remains is undesirable under these circumstances,