FDIC v. SLE, Inc., et al., No. 12-30539 (5th Cir. 2013)
Annotate this CaseThis case arose when the FDIC filed a complaint against appellants for sums due under various promissory notes. Appellants then entered into a Stipulated Judgment in favor of FDIC and against appellants. CadleRock moved ex parte to re-open the case to allow it to file the necessary pleadings to revive the Stipulated Judgment and the district court granted the motion. CadleRock then filed an ex parte motion to revive the Stipulated Judgment (Revived Judgment) as it pertained to appellants and the district court granted the motion. Five years later, CadleRock commenced collection and served appellants with pleadings and appellants moved to vacate and annul. At issue on appeal was the district court's order denying appellants' Federal Rule of Civil Procedure 60(b)(4) motion to vacate. The court concluded that the Revived Judgment was not void under Rule 60(b)(4); appellants' due process challenges failed; and, given that appellants have not shown an actual conflict between federal and state law, their preemption claim failed. Accordingly, the court affirmed the district court's judgment.
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