· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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