§Why CasetextPricing

International Fidelity Insurance Company v. La Porte Construction et al

MOTION for Default Judgment as to defendant

12 Cited authorities

  1. Bixler v. Foster

    596 F.3d 751 (10th Cir. 2010)   Cited 511 times   1 Legal Analyses
    Holding "[t]o survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face"

  2. Williams v. Life Sav. and Loan

    802 F.2d 1200 (10th Cir. 1986)   Cited 522 times
    Holding that a court's lack of subject matter jurisdiction cannot be waived by the parties, nor can it be conferred upon the district court by agreement of the parties

  3. Tripodi v. Welch

    810 F.3d 761 (10th Cir. 2016)   Cited 175 times
    Holding that a default judgment satisfies § 523 even if it might not have preclusive effect under other subsections of § 523

  4. Stampin' Up!, Inc. v. Hurst

    Case No. 2:16-cv-00886 (D. Utah May. 1, 2018)   Cited 10 times

    Case No. 2:16-cv-00886 05-01-2018 STAMPIN' UP!, Inc., Plaintiff, v. ELIZABETH HURST aka ELIZABETH TERRELL, an individual, and DAVE GUY, an individual, d/b/a DIES BY DAVE, Defendants. Judge Clark Waddoups MEMORANDUM DECISION AND ORDER Before the court is Plaintiff's Motion for Default Judgment and Permanent Injunction. (ECF No. 44.) Plaintiff "moves the Court for default judgment against defendant Elizabeth Hurst . . . d/b/a Dies by Dave ('Hurst') on its claims for breach of contract and copyright

  5. Major Bob Music v. South Shore Sports Bar Grill

    Case No. 2:08-cv-689 (D. Utah Jun. 30, 2010)   Cited 11 times
    Concluding that defendants were willful infringers where they "repeatedly rejected and ignored" plaintiff's offer of a license and "acted as if they are not subject to the copyright laws"

  6. Bodyguard Prods. v. Doe

    Case No. 2:18-cv-00026-TC (D. Utah Nov. 8, 2018)

    Case No. 2:18-cv-00026-TC 11-08-2018 BODYGUARD PRODUCTIONS, Plaintiff, v. DOES 1-25, Defendants. TENA CAMPBELL U.S. District Court Judge ORDER AND MEMORANDUM DECISION Plaintiff Bodyguard Productions (Bodyguard) filed suit against twenty-five doe Defendants who, it alleges, illegally downloaded and shared the motion picture "The Hitman's Bodyguard" using BitTorrent, a peer-to-peer file-sharing protocol. Bodyguard holds the copyright for the film, and claims infringement under the Copyright Act, 17

  7. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,008 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  8. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,248 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  9. Rule 55 - Default; Default Judgment

    Fed. R. Civ. P. 55   Cited 32,752 times   13 Legal Analyses
    Adopting similar language for acquiring default judgment against the United States

  10. Section 1961 - Interest

    28 U.S.C. § 1961   Cited 11,367 times   25 Legal Analyses
    Holding that § 6621 applies to internal revenue tax cases

  11. Section 3931 - Protection of servicemembers against default judgments

    50 U.S.C. § 3931   Cited 368 times   2 Legal Analyses
    Setting out protections against default judgment

  12. Section 3911 - Definitions

    50 U.S.C. § 3911   Cited 34 times   2 Legal Analyses
    Defining "military service" for the purposes of Chapter 50–SCRA only