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FEDERAL TRADE COMMISSION v. DALBEY

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.

United States District Court, D. Colorado.

December 29, 2014.

Attorney(s) appearing for the Case

Federal Trade Commission, Plaintiff, represented by Alysa S. Bernstein , U.S. Federal Trade Commission, David P. Frankel , U.S. Federal Trade Commission, Elizabeth Kim Nach , Federal Trade Commission, Elizabeth Olivia Tucci , Federal Trade Commission, James Alan Trilling , Federal Trade Commission, Michelle Robyn Rosenthal , U.S. Federal Trade Commission, Sydney Martin Knight , Federal Trade Commission & Tawana Elaine Davis , Federal Trade Commission.

State of Colorado, Plaintiff, represented by Jay Beebe Simonson , Colorado Attorney General's Office.

Russell T. Dalbey, Defendant, represented by Edward Francis Glynn, Jr. , Manatt, Phelps & Phillips, LLP, Jose Dino Vasquez , Karr Tuttle Campbell, PSC, Paul Richard Brown , Karr Tuttle Campbell, PSC & Thomas Dean Adams , Karr Tuttle Campbell, PSC.

DEI, LLLP, Defendant, represented by Dennis William King , Dennis W. King, P.C. & Douglas Charles Pearce, II , Connolly, Rosania & Lofstedt, PC.

Dalbey Education Institute, LLC, Defendant, represented by Dennis William King , Dennis W. King, P.C. & Douglas Charles Pearce, II , Connolly, Rosania & Lofstedt, PC.

IPME, LLLP, Defendant, represented by Dennis William King , Dennis W. King, P.C. & Douglas Charles Pearce, II , Connolly, Rosania & Lofstedt, PC.

Catherine L. Dalbey, Defendant, represented by Edward Francis Glynn, Jr. , Manatt, Phelps & Phillips, LLP, Jose Dino Vasquez , Karr Tuttle Campbell, PSC, Paul Richard Brown , Karr Tuttle Campbell, PSC & Thomas Dean Adams , Karr Tuttle Campbell, PSC.

Marsha Kellogg, Defendant, represented by Michael Yaghi , Manatt, Phelps & Phillips, LLP.

Successful Living, Inc., Interested Party, represented by Thomas Hardy Wagner , Polsinelli PC.

ORDER

R. BROOKE JACKSON, District Judge.

This case is before the Court on Russell and Catherine Dalbey's motion challenging the government's determination of their "maximum ability to pay" under an amended stipulated judgment entered by this Court on July 22, 2013. The motion has been fully briefed, and the Court heard argument on November 18, 2014. Following argument the parties were given time to negotiate an agreed resolution of this latest dispute. No...

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