Federal Trade Commission et al v. Dalbey et al

Filing 297

ORDER re: 293 Amended MOTION for Review. Parties are to set the matter for an evidentiary hearing. by Judge R. Brooke Jackson on 10/22/14. (jdyne, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge R. Brooke Jackson
Civil Action No. 11-cv-1396-RBJ-KLM
FEDERAL TRADE COMMISSION, and
STATE OF COLORADO, ex rel.
JOHN W. SUTHERS, ATTORNEY GENERAL
Plaintiffs,
v.
RUSSELL T. DALBEY;
DEI, LLLP;
DALBEY EDUCATION INSTITUTE, LLC;
IPME, LLLP; and
CATHERINE L. DALBEY
Defendants.

ORDER

Plaintiffs and the Dalbeys entered into a stipulated judgment, filed July 17, 2013. ECF
No. 282. Now the Dalbeys challenge the government’s determination of their “maximum ability
to pay” for purposes of the monetary relief provisions of the stipulated judgment. ECF No. 293.
The respective positions of the parties as reflected in the Dalbeys’ motion, the government’s
response, and the Dalbeys’ reply are, at least on the face of the pleadings, absurdly divergent.
The government submits that, based upon its investigation of the Dalbey’s past income, gifts and
other transfers of assets, and the Dalbeys’ lifestyle, the Dalbeys’ maximum ability to pay is
$1,708,996.58. In contrast, the Dalbeys maintain that their maximum ability to pay is only
$8,997.00.

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The Court directs the parties to set the matter for an evidentiary hearing at which time the
Court will consider such evidence and argument as the parties present. In the meantime, the
Court recommends that the parties consider further efforts to reach a compromise, perhaps
including professional mediation.
DATED this 22nd day of October, 2014.
BY THE COURT:

___________________________________
R. Brooke Jackson
United States District Judge

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