Adam Piaquadio v. American Legal Funding, LLC; Alfund AZ1, LLC

12-1702Court of Appeals for the Eighth CircuitJun 28, 2013

Full text

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 12-1952
___________________________
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
____________
Appeal from United States District Court
for the Western District of Arkansas - Ft. Smith
____________
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[Unpublished]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.

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American Legal Funding, LLC, and Alfund AZ1, LLC, appeal from the order
of the District Court denying their motion to set aside the default judgment entered1
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.
______________________________
The Honorable Robert T. Dawson, United States District Judge for the1
Western District of Arkansas.
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