United States v. William Hubbard, Jr.

• Court: Court of Appeals for the Eighth Circuit
• Decided: February 21, 2020
• Docket: 19-1924
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 19-1924 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

William Hubbard, Jr.

lllllllllllllllllllllDefendant - Appellant

Hubbard’s Fishing Float & Café, LLC

lllllllllllllllllllllDefendant ____________

Appeal from United States District Court for the Northern District of Iowa - Dubuque ____________

Submitted: February 11, 2020 Filed: February 21, 2020 [Unpublished] ____________

Before GRUENDER, WOLLMAN, and STRAS, Circuit Judges. ____________

PER CURIAM. William Hubbard, Jr., did not timely appear in an ejectment action brought by the United States. Based on a finding that Hubbard willfully refused to appear, the district court 1 entered a default judgment against him.

We conclude that the district court did not abuse its discretion. The record supports the finding that Hubbard acted willfully by evading service and refusing to respond despite having actual notice of the lawsuit. See Ackra Direct Mktg. Corp. v. Fingerhut Corp., 86 F.3d 852, 856 (8th Cir. 1996) (discussing the standard of review and stating that a default judgment is appropriate if a party’s conduct is willful, contumacious, or intentional). Moreover, none of Hubbard’s remaining arguments have merit. See id. at 857 (stating that when a party has engaged in willful misconduct, even the existence of a meritorious defense is not enough to avoid a default judgment); see also Taylor v. City of Ballwin, 859 F.2d 1330, 1333 n.7 (8th Cir. 1988) (explaining that following the entry of a default judgment, a party has no standing to contest the factual allegations). We accordingly affirm the judgment of the district court. 2 See 8th Cir. R. 47B. ______________________________

1 The Honorable Leonard T. Strand, Chief Judge, United States District Court for the Northern District of Iowa. 2 All remaining motions, which have now become moot, are denied. -2-