Rashidi v. Albright

How courts have described this case

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

• concluding that filing motion for summary judgment constitutes defense against lawsuit for purposes of Rule 55
• holding that because the underlying claim failed the conspiracy claim must also be dismissed
• finding a motion for summary judgment sufficient to satisfy the “otherwise defend” requirement under Rule 55(a) since it demonstrated “a concerted effort and an undeniable desire to contest the action”
• “Although Rule 12 does not specifically allow for a summary judgment motion to toll the running of the period within which a responsive pleading must be filed, by analogy the language would seem to apply ....”
• “[A] summary judgment motion [that] speaks to the merits of the case and demonstrates a concerted effort and an undeniable desire to contest the action is sufficient to fall within the ambit of ‘otherwise defend’ for purposes of Fed.R.Civ.P. 55.”

Source: CourtListener parenthetical corpus (CC0).