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· 12/27/2002

Pepsico, Inc. v. California Security Cans

Citations

  • 238 F. Supp. 2d 1172
  • 2002 U.S. Dist. LEXIS 25067
  • 2002 WL 31934119

How courts have described this case

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

  • noting that “the possibility of 6 excusable neglect is remote” where a defendant participated early in a case, but later 7 stopped participating
  • noting that “[i]f Plaintiffs’ 16 motion for default judgment is not granted, Plaintiffs will likely be without other recourse 17 for recovery” and will suffer prejudice
  • finding 5 that, because the plaintiff sought non-monetary damages, the fourth Eitel factor favors 6 granting default judgment
  • finding the fourth Eitel factor favors granting default judgment when monetary damages were not sought
  • explaining how the Ninth Circuit has 9 suggested that these two Eitel factors require plaintiffs to state a claim on which they can 10 recover
  • “If 16 Plaintiffs’ motion for default judgment is not granted, Plaintiffs will likely be without 17 other recourse for recovery.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Manella

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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.