Gary R. Eitel v. William D. McCool

How courts have described this case

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

• holding that “an unqualified oral stipulation of dismissal made in open court satisfies Rule 41(a)(1)(ii), even where no formal stipulation was signed by the parties”
• noting that the fact that the parties were engaged in settlement negotiations excused defendant from failing to answer
• stating that “[pjrior to obtaining a default judgment under either Rule 55(b)(1) or Rule 55(b)(2
• explaining that “default judgments are ordinarily disfavored” and courts should consider several factors in entering a default judgment
• holding default judgments generally are disfavored because “cases should be 28 decided on their merits whenever reasonably possible”
• noting that “the general rule [is] that default judgments are ordinarily disfavored” and cases should be decided on the merits whenever possible

Source: CourtListener parenthetical corpus (CC0).