Filed: Apr. 26, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-1861 LAUREN MEEKS, Plaintiff - Appellee, versus MORRIE FRIEDMAN, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Charleston. Patrick Michael Duffy, District Judge. (CA-03-2867-2-23) Submitted: February 28, 2005 Decided: April 26, 2005 Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion. Robert S. Bailey, Chicago, Illinois
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-1861 LAUREN MEEKS, Plaintiff - Appellee, versus MORRIE FRIEDMAN, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Charleston. Patrick Michael Duffy, District Judge. (CA-03-2867-2-23) Submitted: February 28, 2005 Decided: April 26, 2005 Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion. Robert S. Bailey, Chicago, Illinois,..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1861
LAUREN MEEKS,
Plaintiff - Appellee,
versus
MORRIE FRIEDMAN,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Patrick Michael Duffy, District
Judge. (CA-03-2867-2-23)
Submitted: February 28, 2005 Decided: April 26, 2005
Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Robert S. Bailey, Chicago, Illinois, for Appellant. Walter J.
Kruger, III, LAW OFFICES OF WALTER J. KRUGER, III, Atlanta,
Georgia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Morrie Friedman appeals the district court’s order
entering default judgment against him, as well as the court’s
rulings from the bench denying his motion to vacate the entry of
default and directing him to post bond as a condition to presenting
damages evidence.
This court reviews a district court’s decision whether to
enter a default judgment for an abuse of discretion. Consol.
Masonry & Fireproofing, Inc. v. Wagman Constr. Corp.,
383 F.2d 249,
251 (4th Cir. 1967). We have reviewed the record and conclude that
the district court did not abuse its discretion in denying
Friedman’s motion to set aside the entry of default and entering
default judgment against him.
Friedman also appeals the district court’s order
directing him to post bond in order to present evidence on damages.
Because Friedman failed to contemporaneously raise an objection to
the bond requirement before the district court, this court reviews
the district court’s actions for plain error. See United States v.
Olano,
507 U.S. 725, 732-34 (1993). Here, even if we were to
assume that requiring Friedman to post bond was erroneous, Friedman
has failed to demonstrate that the error affected his substantial
rights, so he cannot establish plain error. See id.
Accordingly, we affirm the district court’s order. We
deny Friedman’s motion to strike portions of Meeks’ brief. We
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dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
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