§Why CasetextPricing

Hall v. Garcia

Memorandum in Opposition re MOTION for Default Judgment

17 Cited authorities

  1. McDonald v. City of Chicago

    561 U.S. 742 (2010)   Cited 2,467 times   22 Legal Analyses
    Holding that the Second Amendment applies to the states, through incorporation under the Fourteenth Amendment

  2. Meehan v. Snow

    652 F.2d 274 (2d Cir. 1981)   Cited 831 times
    Holding that under the good cause standard set forth in Federal R. Civ. P. 55(c), which allows for the setting aside of an entry of default "for good cause," whether a meritorious defense is presented is one of the principal factors to be considered

  3. Pena v. Seguros La Comercial

    770 F.2d 811 (9th Cir. 1985)   Cited 409 times
    Holding that constructive notice of a complaint was sufficient to find culpable conduct

  4. Lau Ah Yew v. Dulles

    236 F.2d 415 (9th Cir. 1956)   Cited 127 times
    Holding that trial court did not abuse its discretion in denying a motion for default judgment

  5. Martin v. Delaware Law Sch. of Widener Univ.

    625 F. Supp. 1288 (D. Del. 1985)   Cited 47 times

    Civ. A. No. 85-53. December 23, 1985. James L. Martin, pro se. Somers S. Price, Jr., of Potter, Anderson Corroon, Wilmington, Del., for defendant Widener University. F. Alton Tybout, and Anne L. Naczi, of Tybout, Redfearn, Casarino Pell, Wilmington, Del., for defendants Polyclinic Medical Center and Philhaven Hosp. Robert B. Young, and Mary E. Sherlock, of Young Sherlock, Dover, Del., for defendant Commonwealth Nat. Bank. Stuart B. Young, of Young, Conaway, Stargatt Taylor, Wilmington, Del., for

  6. Spurio v. Choice Sec. Systems, Inc.

    880 F. Supp. 402 (E.D. Pa. 1995)   Cited 26 times
    Finding no culpable conduct where the record "contain[ed] no evidence that defendant's two-day delay was intentionally dilatory or otherwise in bad faith"

  7. Eidson v. Arenas

    155 F.R.D. 215 (M.D. Fla. 1994)   Cited 6 times

    Lessee brought civil rights action for damages arising from his alleged wrongful eviction from office building. Lessee moved for default as to one lessor and summary judgment as to others, and lessors moved to dismiss. The District Court, Kovachevich, J., held that: (1) defendants' motion to dismiss stayed their time to file answer until court issued order; (2) material issues of fact precluded summary judgment for lessee on claim that eviction proceeding violated his civil rights; (3) lessee's failure

  8. Moriani v. Hunter

    462 F. Supp. 353 (S.D.N.Y. 1978)   Cited 19 times
    Finding that "18 U.S.C. §§ 241 242 are criminal statutes, which do not create private rights of action for their violation"

  9. Dr. Ing. h.c.F. Porsche AG v. Zim

    481 F. Supp. 1247 (N.D. Tex. 1979)   Cited 12 times

    Civ. A. No. 3-78-1034-G. December 31, 1979. Carrington, Coleman, Sloman Blumenthal by Fletcher L. Yarbrough and William B. Dawson, Dallas, Tex., for plaintiff; Herzfeld Rubin, P.C., New York City, of counsel. R. David Jones, Ft. Worth, Tex., for Zim Corp. MEMORANDUM ORDER PATRICK E. HIGGINBOTHAM, District Judge. This is an action for trademark infringement brought by plaintiff Dr. Ing. h.c.F. Porsche AG ("Porsche") against defendants Aldwin H. Zim, Edward Mayo, and Zim Corporation (collectively "Por-sha")

  10. General Motors Corporation v. Blevins

    144 F. Supp. 381 (D. Colo. 1956)   Cited 38 times
    Noting that, in 1955, the Colorado General Assembly amended an already existing statute regulating motor vehicle dealers and manufacturers

  11. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  12. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 50,129 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  13. Rule 55 - Default; Default Judgment

    Fed. R. Civ. P. 55   Cited 34,084 times   13 Legal Analyses
    Adopting similar language for acquiring default judgment against the United States

  14. Section 415.20 - Leaving copy of summons and complaint at office or at usual mailing address and mailing copy of summons and compliant to person to be served

    Cal. Code Civ. Proc. § 415.20   Cited 885 times
    Setting forth requirements for substitute service under California law

  15. Section 626.9 - Gun-Free School Zone Act of 1995

    Cal. Pen. Code § 626.9   Cited 110 times
    Carrying a concealed firearm