Aaron Danielson v. Albertus Human
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:12-cv-00840-FDW-DSC. Copies to all parties and the district court. . Mailed to: Aaron Danielson. [16-2125]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
AARON KEVEN DANIELSON,
Plaintiff - Appellee,
ALBERTUS JOHANNES HUMAN,
Defendant - Appellant,
JAN PETRUS HUMAN; H-POWER AMERICAS, INC.; H-POWER WORLDWIDE,
LLC; H-POWER ENERGY STORAGE TECHNOLOGIES, INC.; JOHN DOES 1100,
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
Chief District Judge. (3:12-cv-00840-FDW-DSC)
January 31, 2017
Affirmed by unpublished per curiam opinion.
February 10, 2017
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John McKinley Kirby, II, LAW OFFICES OF JOHN M. KIRBY, Raleigh,
North Carolina, for Appellant.
Aaron Keven Danielson, Appellee
Unpublished opinions are not binding precedent in this circuit.
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Albertus Johannes Human appeals the district court’s order
denying relief on his untimely Fed. R. Civ. P. 60(b) motion for
reconsideration of its entry of default judgment.
untimely for abuse of discretion.
We review the
Moses v. Joyner, 815 F.3d
163, 166 (4th Cir.), petition for cert. filed, __ U.S.L.W.__
(U.S. Aug. 5, 2016) (No. 16-5507).
A district court “may set aside a final default judgment
under Rule 60(b),” Fed. R. Civ. P. 55(c), and such a motion must
be filed within “a reasonable time,” Fed. R. Civ. P. 60(c)(1).
A movant seeking relief from a judgment under Rule 60(b) must
make a threshold showing of “timeliness, a meritorious defense,
Dowell v. State Farm Fire & Cas.
quotation marks omitted); see also Park Corp. v. Lexington Ins.
Co., 812 F.2d 894, 896 (4th Cir. 1987) (holding that a movant
must show that his motion is timely, that he has a meritorious
defense, and that there would be no unfair prejudice and that,
satisfy one or more of the six grounds for relief set forth in
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discretion in finding that Human’s Rule 60(b) motion, filed more
than 2 years after entry of judgment and more than 10 months
this court and argument would not aid the decisional process.
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