Ashby v. McKenna

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that entry of default against a defendant before it is obliged to file an answer is incorrect as a matter of law
• stating that we can affirm on an alternative ground only when the record is sufficient to permit us to decide the legal issue
• noting that “entry of default against [a party], before it had any obligation to file an answer, would have been incorrect as a matter of law.”
• holding prisoner “was within his rights under Rule 30(a) in refusing to be deposed without court order” and that “[h]is refusal cannot serve as a basis for sanction”
• noting that on remand dismissal “may yet be a permissible exercise of [the district] court’s discretion in response to [plaintiffs] unjustifiable resistance to the discovery of his medical records”
• holding there is no exception to Rule 30(a)(2)(B) for a prisoner plaintiff

Source: CourtListener parenthetical corpus (CC0).