United States Sixth Circuit

Denial of a motion for relief from judgment in a contract and Lanham Act case is affirmed where, although defendant did not have the requisite amount of time to respond to either a complaint or a default-judgment motion, there was no abuse of discretion in finding the motion untimely because appellant waited over eleven months after the district court acquired jurisdiction over him to file his motion.

Appellate Information

• Decided 04/26/2006
• Published 04/26/2006

Judges

• GRIFFIN, Circuit Judge., Before:  KENNEDY, COOK, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jeremy Gilman, Benesch, Friedlander, Coplan & Aronoff, Cleveland, Ohio, for Appellant.  Rose Marie Fiore, Hahn, Loeser & Parks, Cleveland, Ohio, for Appellee.   ON BRIEF:  Jeremy Gilman, Benesch, Friedlander, Coplan & Aronoff, Cleveland, Ohio, for Appellant.  Rose Marie Fiore, Steven A. Goldfarb, Hahn, Loeser & Parks, Cleveland, Ohio, for Appellee.