Jaysen McCleary v. City of Des Moines

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 17-2375 ___________________________

Jaysen McCleary; Bela Animal Legal Defense and Rescue

lllllllllllllllllllllPlaintiffs - Appellants

v.

City of Des Moines; Scott Sanders; Jeffrey Lester; Katharine Massier; Dana Wingert; James Butler; Ryan Mann; Doe, Officer; Thomas Starbuck; Linda Lane; Ann Morgan; Jeff Morgan

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the Southern District of Iowa - Des Moines ____________

Submitted: July 5, 2018 Filed: July 11, 2018 [Unpublished] ____________

Before WOLLMAN, BENTON, and KELLY, Circuit Judges. ____________

PER CURIAM. Plaintiffs Jaysen McCleary and Bela Animal Legal Defense and Rescue appeal after the district court1 entered a post-remand order denying their requests for default judgment and for sanctions. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

This court concludes that the district court did not abuse its discretion in denying plaintiffs’ request for default judgment. See Weitz Co. LLC v. MacKenzie House, LLC, 665 F.3d 970, 977 (8th Cir. 2012) (standard of review); Spirtas Co. v. Nautilus Ins. Co., 715 F.3d 667, 670-71 (8th Cir. 2013) (noting that this court may affirm on any basis supported by record); Johnson v. Dayton Elec. Mfg. Co., 140 F.3d 781, 784 (8th Cir. 1998) (setting forth factors court considers in determining whether to set aside entry of default). The district court did not abuse its discretion in denying plaintiffs’ request for sanctions. See Exec. Air Taxi Corp. v. City of Bismarck, 518 F.3d 562, 570-71 (8th Cir. 2008) (standard of review).

The judgment is affirmed. ______________________________

1 The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa.

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