· 2/24/2010
Indigo America, Inc. v. Big Impressions, LLC.
Citations
- 597 F.3d 1
- 2010 U.S. App. LEXIS 3858
- 2010 WL 625408
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the defense need only be factually “cognizable” or “arguable”
- noting that a party is not required to prove a potentially meritorious defense at this stage
- noting “long-standing rule barring persons who are not licensed to practice law from representing corporations in judicial proceedings”
- explaining that “[t]here is no mechanical formula for determining 1 Defendant PRASA also filed its answer to the complaint as a separate docket entry. See Docket No. 42. 2 The Court notes that Defendant PRASA’s motion erroneously invokes Federal Rule of Civil Procedure 60(b
- noting “obvious significance” of meritorious defense because, without such, “it makes little sense to set aside the entry of default, as doing so would merely delay the inevitable”
- Moving party’s “prejudice falls particularly flat here because it easily could have prevented the delay” when the moving party waited eight months to file a motion for default.
Source: CourtListener parenthetical corpus (CC0).
Judges: Lynch, Stahl, Howard
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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