JENNINGS v. RIVERS

No. 04-6000.

394 F.3d 850 (2005)

Alison JENNINGS, Plaintiff-Appellant, v. Marcellus RIVERS; Alvin Porter, Defendants, and J.B. Flowers; Evan Howell, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 4, 2005.


Attorney(s) appearing for the Case

Mark Hammons and Tamara L.F. Gowens of Hammons & Associates, Oklahoma City, Oklahoma, for Plaintiff-Appellant.

Before LUCERO, McKAY, and PORFILIO, Circuit Judges.


McKAY, Circuit Judge.

In this civil diversity case, the district court entered a default judgment against defendants J.B. Flowers and Evan Howell when they failed to participate in the litigation. At the scheduled damages hearing, plaintiff and her counsel arrived approximately twenty minutes late, to learn that the district court had awarded zero dollars in damages based on a failure of proof. The district court denied plaintiff's subsequent motion for relief. On...

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