Culbertson v. Eaton Short Term

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 13, 2004
• Docket: 04-1690
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-1690

GREGORY CULBERTSON,

Plaintiff - Appellant,

versus

EATON SHORT TERM DISABILITY PLAN; EATON CORPORATION,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Anderson. Terry L. Wooten, District Judge. (CA-02-3018-8-25)

Submitted: November 22, 2004 Decided: December 13, 2004

Before WILKINSON, MOTZ, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Robert E. Hoskins, FOSTER LAW FIRM, L.L.P., Greenville, South Carolina, for Appellant. Jeffrey D. Zimon, Sheila M. Ninneman, BENESCH, FRIEDLANDER, COPLAN & ARONOFF, LLP, Cleveland, Ohio, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Gregory Culbertson appeals the district court’s order

denying his motion for attorney’s fees and costs in his civil

action seeking disability benefits from Appellees under the

Employee Retirement Income Security Act of 1974, as amended.

Culbertson sought fees and costs under 29 U.S.C. § 1132(g) (2000).

We do not find that the district court abused its discretion in

denying Culbertson’s motion for fees and costs. See Martin v. Blue

Cross & Blue Shield, Inc., 115 F.3d 1201, 1209 (4th Cir. 1997).

Accordingly, we affirm on the reasoning of the district court. See

Culbertson v. Eaton Short Term Disability Plan, No. CA-02-3018-8-25

(D.S.C. May 25, 2004). We 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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