· 1/23/2008
International Painters & Allied Trades Industry Pension Fund v. Auxier Drywall, LLC
Citations
- 531 F. Supp. 2d 56
- 2008 U.S. Dist. LEXIS 4400
- 2008 WL 189958
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that a defendant’s failure to 4 respond to the summons and complaint, the entry of default, or the motion for default judgment satisfies the standard for entry of default judgment
- granting default judgment because the defendant had failed to request to set aside the default or suggest that it had a meritorious defense
- entering a default judgment because of the defendant’s failure to request that the court set aside the default or suggest that it had a meritorious defense
- awarding attorney’s fees because plaintiff provided attorney’s declaration outlining costs incurred
- “Although the default establishes a defendant’s liability, the Court makes an independent determination of the sum to be awarded in the judgment unless the amount of damages is certain.”
- “Given the absence of any request to set aside the default or suggestion by the defendant that it has a meritorious defense, it is clear that the standard for default judgment has been satisfied.” (internal quotation marks omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Ellen Segal Huvelle
Read full opinion on CourtListenerSourced 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.