Case Explained: UNITED STATES SECURITIES AND EXCHANGE COMMISSION V. EVERETT, ET AL.

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-08-04 Docket: 2:20-cv-08985-FWS-DFM The ninth-circuit affirmed the district court’s denial of Charles Everett’s motion for relief from judgment under Federal Rule of Civil Procedure 60(b), reviewing the denial for abuse of discretion. The court held that the district court properly concluded Everett’s claims under Rules 60(b)(2) and (3) were untimely, as the one-year deadline in Rule 60(c)(1) expired more than two years prior to his filing and was not tolled during the pendency of his appeal. The court further held that relief under Rule 60(b)(5) was properly denied because the Supreme Court’s decision in *SEC v. Jarkesy* applies only to administrative proceedings before SEC judges, not to civil enforcement actions litigated in federal district courts where summary judgment does not violate Seventh Amendment jury trial rights. Additionally, the court affirmed the denial of Rule 60(b)(6) relief, noting that Everett failed to identify any extraordinary circumstances warranting relief from a judgment entered more than two years earlier and that the motion could not serve as a substitute for appeal on the merits. The practical consequence is that the underlying summary judgment against Everett remains in full force and effect. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.