Federal Trade Commission v. Americaloe, Inc.

MEMORANDUM **

Defendants Americaloe, Inc., Jason Berkes, Bela Berkes, and Seasilver USA, Inc., appeal the district court’s grant of the Federal Trade Commission’s motion to enforce a stipulated judgment and denial of Defendants’ motion for reconsideration, We conclude that Defendants did not meet the requirements necessary to relieve a party from a final judgment under Federal Rule of Civil Procedure 60(b) and thus affirm

First, the alleged delay of the FTC in executing the agreement did not justify relieving Defendants from the judgment to which they stipulated. Defendants knew of the alleged delay but did not seek to withdraw from the agreement before the Stipulated Final Judgment was entered by the district court. It is too late for them to complain about that now. Moreover, we are not satisfied that the loss of the Berkes residence to foreclosure would have entitled Defendants to a modification in any event, because they should have anticipated that changing conditions could make their performance more difficult. See Rufo v. Inmates of Suffolk County 502 U.S. 367, 385 , 112 S.Ct. 748 , 116 L.Ed.2d 867 (1992). At the time of signing, Jason Berkes had not paid his mortgage for…