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· 7/6/2009

Benavidez v. Holder

Citations

  • 336 F. App'x 744

How courts have described this case

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

  • finding that prejudice existed based on the fact that the plaintiff’s financial situation made it unlikely that plaintiff could satisfy the default judgment itself, much less the interest that would continue to accrue the longer recovery was delayed
  • finding that prejudice existed based on the fact that the plaintiff’s financial situation made it unlikely that plaintiff could satisfy the default judgment itself, much less the interest that would continue to accrue the longer recovery was delayed
  • finding that despite the defaulting parties’ admittance of awareness of the action, proper service, and the defaulting parties’ failure to timely respond to the motion for default judgment, their actions, “while negligent, [did] not rise to the level of willfulness”
  • finding that despite the defaulting parties’ admittance of awareness of the action, proper service, and the defaulting parties’ failure to timely respond to the motion for default judgment, their actions, “while negligent, [did] not rise to the level of willfulness”
  • finding that despite the defaulting parties’ admittance of awareness of the action, proper service, and the defaulting parties’ failure to timely respond to the motion for default judgment, their actions, “while negligent, [did] not rise to the level of willfulness”
  • finding implied consent where the litigant “failed to object during any of the ‘extensive proceedings’ before the bankruptcy court” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).

Judges: Paez, Smith, Tallman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.