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.
Appeal from the United States District Court for the District of Massachusetts
Decided December 22, 2009
Before: Boudin and Seyla, Circuit Judges, Laplante, District Judge
Opinion by Seyla, Circuit Judge
For Appellant: Kevin P. Roddy, 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