Christian Broadcasting Network, Incorporated v. Phillip Busch

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-1392
CHRISTIAN BROADCASTING NETWORK, INCORPORATED;
M.G. PAT ROBERTSON,
Plaintiffs - Appellees,
versus
PHILLIP BUSCH,
Defendant - Appellant.
No. 07-1393
CHRISTIAN BROADCASTING NETWORK, INCORPORATED;
M.G. PAT ROBERTSON,
Plaintiffs - Appellees,
versus
PHILLIP BUSCH,
Defendant - Appellant.
Appeals from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (2:05-cv-00558-RAJ)
Submitted: November 6, 2007 Decided: November 21, 2007

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Before WILKINSON, NIEMEYER, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Phillip Busch, Appellant Pro Se. Glen Alton Huff, Dorinda Sue
Parkola, HUFF, POOLE & MAHONEY, P.C., Virginia Beach, Virginia, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
These consolidated appeals arise out of a dispute between
Phillip Busch, a Texas resident, and M.G. Pat Robertson and the
Christian Broadcasting Network, Inc. (“CBN”), both residents of
Virginia, arising from the use of Busch’s weight loss “before” and
“after” photographs on certain episodes of CBN’s television program
The 700 Club after Busch gave CBN the permission to do so. Busch
filed a complaint against Robertson and CBN alleging intentional
infliction of emotional distress, misappropriation of image, fraud,
unjust enrichment, and civil conspiracy. CBN and Robertson filed
a declaratory judgment action. The actions were consolidated, and
the district court permitted CBN and Robertson to voluntarily
dismiss the declaratory judgment action on the condition that they
pay Busch’s attorney’s fees and costs with respect to that action.
The district court granted summary judgment in favor of
Robertson and CBN on Busch’s claims, and awarded Busch $9340.73 in
attorney’s fees and costs associated with defending himself against
CBN and Robertson’s declaratory judgment action. Busch timely
appealed, challenging the district court’s denial of relief on his
claims against CBN and Robertson, and contending the district court
unfairly declined to award all of his claimed attorney’s fees as to
the declaratory judgment action. He also raises alleged errors in
the discovery process and challenges the district court’s denial of
his requests to stay or continue the proceedings. Finding no

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error, we affirm for the reasons stated by the district court. See
Christian Broadcasting Network, Inc. v. Busch, No. 2:05-cv-00558-
RAJ (E.D. Va. Apr. 12, 2007).
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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