Culbertson v. Eaton Short Term ( 2004 )

UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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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