Ninth Circuit· 1/14/1986

Gary R. Eitel v. William D. McCool

Citations

782 F.2d 1470
4 Fed. R. Serv. 3d 60
1986 U.S. App. LEXIS 22365

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).

Judges: Wright, Canby, Wiggins

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Cited by

135 cases in this archive cite this case; the 20 most cited are listed.

Cites

10 cases in this archive are cited by this case.

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