United States First Circuit

In plaintiffs' action against defendants alleging they manufactured and sold defective decking and railing products, judgment of the district court denying plaintiffs' post-judgment motion is affirmed as plaintiffs have not met the burden of showing that they are entitled to relief from the previously entered judgment as a passing request to a possible future motion to amend, contained in an opposition to a motion to dismiss, is without effect in these circumstances.

Appellate Information

• Decided 12/23/2009
• Published 12/23/2009

Judges

• SELYA, Circuit Judge., Before BOUDIN and SELYA, Circuit Judges, and LAPLANTE, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Kevin P. Roddy, with whom Lynne M. Kizis, Daniel R. Lapinski, Wilentz, Goldman & Spitzer, P.A., Scott R. Shepherd, Natalie Finkelman Bennett, Nathan C. Zipperian, James E. Miller, Laurie Rubinow, Shepherd, Finkelman, Miller & Shah, LLP, Robert T. Naumes, and Thornton & Naumes LLP were on brief, for appellants.


• For Appellees:
  
• James W. Prendergast, with whom John G. Fabiano, Christopher B. Zimmerman, Adam J. Hornstine, and Wilmer Cutler Pickering Hale and Dorr LLP were on brief, for appellees Kadant, Inc. and Liberty Diversified Industries, Inc., Edward W. Little, Jr., and McCarter & English, LLP on brief for appellee Kadant Composites LLC.