Mike Rosen & Associates, P.C. v. Omega Builders, Ltd.

How courts have described this case

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

• observing that “[t]here is substantial authority that a lesser showing is required to set aside the entry of default” where a default judgment has not issued
• noting that courts within the Third Circuit have seemed unwilling to deny motions to set aside the entry of a default solely on the basis that no meritorious defense exists
• declining to “establish[] a new right to automatically set aside any default judgment if counsel is diligent enough to quote the applicable statute or rule of civil procedure”
• finding it insufficient to deny a motion to vacate a default, utilizing the same standard as a motion to strike an untimely answer, where the only factor weighing against the defendant was the defendant’s lack of presenting facts toward a meritorious defense
• “{C]ourts in this [C]ircuit seem unwilling to deny the motion to set aside entry of default solely on the basis that no meritorious defense exists[.]’”

Source: CourtListener parenthetical corpus (CC0).