Adam Piaquadio v. American Legal Funding, No. 12-1952 (8th Cir. 2013)

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Court Description: Civil case. The district court did not abuse its discretion by denying defendants' motion to set aside a default judgment.

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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 Smith ____________ Submitted: June 4, 2013 Filed: June 11, 2013 [Unpublished] ____________ Before WOLLMAN, BOWMAN, and GRUENDER, Circuit Judges. ____________ PER CURIAM. 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. ______________________________ 1 The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas. -2-

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