Opinions and documents
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
WILLIAM F. KAETZ, : NO. 1:23-CV-03624
Plaintiff, :
: (BRANN, C.J.)
v. :
: (CAMONI, M.J.)
:
UNITED STATES OF AMERICA, :
et al. :
Defendants. :
ORDER
In July 2023, Plaintiff William F. Kaetz filed a complaint (amended
one week later) alleging that numerous individuals, all judges and
probation officers, violated his rights during criminal and civil cases in
which he was involved. Complaint, Doc. 1; Amended Complaint, Doc. 5.
Finding that all the named defendants were immune from suit, the Court
sua sponte dismissed the amended complaint with prejudice. Order, Doc.
23, adopting R&R, Doc. 16. Kaetz appealed, and the Court of Appeals
affirmed. Doc. 26.
Kaetz now asks this Court to vacate that judgment for “fraud on the
court” pursuant to Federal Rule of Civil Procedure 60(d)(3). Motion, Doc.
28; Br. in Support, Doc. 29.
Under Rule 60(d)(3), a district court can “set aside a judgment for
fraud on the court.” See Fed. R. Civ. P. 60(d)(3). “The party seeking relief
under Rule 60(d)(3) must establish fraud by clear and convincing
evidence. Fraud on the court must involve an unconscionable plan or
scheme which is designed to improperly influence the court in its
decision.” Hatchigian v. Int’l Bhd. of Elec. Workers Local 98 Health &
Welfare Fund, 610 F. App’x 142, 143 (3d Cir. 2015) (citation modified).
Kaetz’s rambling, confusing brief seems to cobble together a theory
under which, in dismissing this case and other cases Kaetz filed in 2023,
Courts relied impermissibly on dicta from certain cases, and that,
somehow, recent downsizing in the Department of Education provides
new evidence of this fraud. Doc. 29 at 2, 9, 10.1
Kaetz’s misguided legal theory boils down to an argument that the
Court relied on nonbinding precedents. But Kaetz had an opportunity to
1 Additionally, Kaetz asserts that this case “centers on the
nondischargeability of student loans in bankruptcy.” Br. at 1. Nothing in
the Amended Complaint had anything to do with student loans, nor
bankruptcy. See Doc. 5. Kaetz’s present arguments bear no resemblance,
let alone relevance, to the underlying case. The caption of Kaetz’s motion
does bear four different civil docket numbers, so perhaps this motion is
more appropriate for one of the other three.
raise such an argument on direct appeal. Nothing Kaetz alleges remotely
approaches clear and convincing evidence of a “fraud on the court” under
either Rule 60(d)(3) or Hatchigian. Nothing in Kaetz’s motion or brief
changes the fact that his complaint was properly dismissed because all of
the defendants were immune, as the Third Circuit agreed when it
affirmed. Kaetz has failed to meet his burden.
Accordingly, IT IS HEREBY ORDERED THAT, Plaintiff’s Motion
to Vacate Judgment, Doc. 28, is DENIED.
Date: November 14, 2025 s/Sean A. Camoni
Sean A. Camoni
United States Magistrate Judge for
the Middle District of Pennsylvania
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