Adam Piaquadio v. American Legal Funding, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Pasco M. Bowman and Raymond W. Gruender (UNPUBLISHED); Granting [4003457-2] appellee's motion to strike filed by Mr. Timothy J. Cullen. [4043945] [12-1952]

United States Court of Appeals
For the Eighth Circuit
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No. 12-1952
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Adam Piaquadio
lllllllllllllllllllll Plaintiff - Appellee
v.
American Legal Funding, LLC; Alfund AZ1, LLC
lllllllllllllllllllll Defendants - Appellants
M.B.T. Associate, Inc.; Law Funder, LLC; Global Financial Credit, LLC
lllllllllllllllllllll Defendants
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Appeal from United States District Court
for the Western District of Arkansas - Ft. Smith
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Submitted: June 4, 2013
Filed: June 11, 2013
[Unpublished]
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Before WOLLMAN, BOWMAN, and GRUENDER, Circuit Judges.
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PER CURIAM.

Appellate Case: 12-1952

Page: 1

Date Filed: 06/11/2013 Entry ID: 4043945

American Legal Funding, LLC, and Alfund AZ1, LLC, appeal from the order
of the District Court1 denying their motion to set aside the default judgment entered
against them. After careful review of the record, we conclude that the District Court
did not abuse its discretion in denying the motion. See Feeney v. AT&E, Inc., 472
F.3d 560, 563–64 (8th Cir. 2006) (holding that the district court did not abuse its
discretion in denying a motion to set aside a default judgment, notwithstanding the
district court’s “truncated” analysis, and noting that the most important factor in the
analysis is the “reason for delay”). We also grant Adam Piaquadio’s motion to strike
the portions of appellants’ reply brief that raise arguments not raised in their opening
brief. See Federal Trade Comm’n v. Neiswonger, 580 F.3d 769, 775 (8th Cir. 2009).
We affirm.
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1

The Honorable Robert T. Dawson, United States District Judge for the
Western District of Arkansas.
-2-

Appellate Case: 12-1952

Page: 2

Date Filed: 06/11/2013 Entry ID: 4043945