Rory Mayberry v. Michael Battles

Filing 920100521

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-2191

RORY MAYBERRY, United United States ex rel.,

States

ex

rel.;

ROBERT

ISAKSON,

Plaintiffs ­ Appellants, and UNITED STATES OF AMERICA, Party-in-Interest, v. MICHAEL BATTLES; SECURITY VENTURES INTERNATIONAL, LIMITED; DANUBIA GLOBAL, INCORPORATED; RICHARD LEVINSON; AMY CLARK; WINDMILL INTERNATIONAL, LIMITED; HANSFORD T. JOHNSON; DOUGLAS COMBS; SCOTT CUSTER, Defendants ­ Appellees, CUSTER BATTLES, LLC, Debtor ­ Appellee, and EMERGENT BUSINESS SERVICES; TARHEEL TRAINING, LLC; ROB ROY TRUMBLE; SALLYPORT GLOBAL HOLDING, LLC; JOSEPH MORRIS; JOHN DEBLASIO, Defendants.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O'Grady, District Judge. (1:06-cv-00364-LO-TCB)

Submitted:

April 27, 2010

Decided:

May 21, 2010

Before KING, SHEDD, and DAVIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Victor Aronoff Kubli, KUBLI & ASSOCIATES, P.C., Vienna, Virginia, for Appellants. Craig Crandall Reilly, Alexandria, Virginia; Peter Barton Hutt, II, Duncan Stevens, AKIN, GUMP, STRAUSS, HAUER & FELD, LLP, Washington, D.C.; Eugene Andrew Burcher, WALSH COLUCCI LUBELEY EMRICH & WALSH, PC, Prince William, Virginia; Scott Custer, Bradenton, Florida, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM: Rory Mayberry and Robert Isakson appeal the district court's order accepting the recommendation of the magistrate

judge, granting the motion for Fed. R. Civ. P. 37 sanctions, dismissing this action with prejudice, and awarding reasonable expenses and fees to Defendants. and find no reversible error. We have reviewed the record

Accordingly, we affirm for the

reasons stated by the district court in its opinion from the bench. Mayberry v. Battles, No. 1:06-cv-00364-LO-TCB (E.D. Va. We dispense with oral argument because the contentions the court are and adequately argument presented not in aid the the

Oct. 10, 2008). facts and legal before

materials

would

decisional process. AFFIRMED

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