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· 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 CourtListener

Sourced 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.