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· 12/13/2011

Dassault Systemes, SA v. Childress

Citations

  • 663 F.3d 832
  • 101 U.S.P.Q. 2d (BNA) 1032
  • 2011 U.S. App. LEXIS 24582
  • 2011 WL 6157308

How courts have described this case

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

  • holding that, because defendant filed its motion to set aside entry of default before the court entered final judgment, the Rule 55(c) “good cause” standard applied
  • recognizing that the standard for setting aside entry of default under Rule 55(c) is more lenient than the standard for setting aside a default judgment under Rule 60(b)
  • explaining that the more stringent Rule 60(b) standard does not apply unless “the court has determined damages and a judgment has been entered”
  • finding that defendant “raised at least one defense that presents ‘some possibility’ of a different outcome”
  • finding that the district court should have set aside default when a pro se litigant submitted evidence to the court demonstrating confusion of procedural rules
  • confirming that a defendant seeking to set aside an entry of default is “not obligated at this stage to provide detailed factual allegations” to raise a meritorious defense

Source: CourtListener parenthetical corpus (CC0).

Judges: Martin, Moore, Cook

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.