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F.T.C. v. Enforma Natural Products, Inc., 31 Fed.Appx. 349, 2002 WL 460239

Facts

Enforma Natural Products sought to modify a stipulated final order, arguing that letters from the Federal Trade Commission (FTC) indicated a changed circumstance that necessitated clarification of the order. The district court, however, found that Enforma failed to show any significant change in factual conditions that would make the judgment inequitable or provide any other valid reason for relief under Rule 60(b).

Because the facts are known to the parties, we will not recite them in detail except as necessary.

Issue

Did the district court abuse its discretion in denying Enforma's motion for construction and modification of the stipulated final order under Fed.R.Civ.P. 60(b)?

Did the district court abuse its discretion in denying Enforma's motion for construction and modification of the stipulated final order under Fed.R.Civ.P. 60(b)?

Rule

Rule 60(b) of the Federal Rules of Civil Procedure allows for relief from a judgment or order for specific reasons, including mistake, newly discovered evidence, fraud, or significant changes in factual conditions.

Rule 60(b) of the Federal Rules of Civil Procedure permits relief from a judgment or order for: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud, misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment.

Analysis

The court applied Rule 60(b) by evaluating Enforma's claims regarding the FTC letters and found that Enforma did not provide sufficient evidence of a significant change in circumstances. The court noted that Enforma's arguments did not meet the criteria for relief under the provisions of Rule 60(b), particularly under subsection (5), which addresses changes in factual conditions.

Enforma argues that the FTC letters created a changed circumstance that compelled the district court to modify or clarify the stipulated final order. We disagree. Enforma has made no showing under Fed.R.Civ.P. 60(b)(5) that there has been a significant change in factual conditions such that it is no longer equitable that the judgment have prospective application.

Conclusion

The court affirmed the district court's decision, concluding that Enforma did not demonstrate an abuse of discretion in denying the motion for modification of the stipulated final order.

We affirm.

Who won?

The Federal Trade Commission prevailed in the case because the court upheld the district court's denial of Enforma's motion, finding no compelling reasons for modification of the stipulated order.

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