8 Cited authorities

S.E.C. v. Lawbaugh
359 F. Supp. 2d 418 (D. Md. 2005) Cited 692 times
Finding default judgment appropriate "when the adversary process has been halted because of an essentially unresponsive party"
Hritz v. Woma Corp.
732 F.2d 1178 (3d Cir. 1984) Cited 1,428 times
Holding that "we do not believe that it is an abuse of discretion for a trial judge to enter a default judgment to sanction a party who has callously disregarded repeated notices of a judicial proceeding"
Twentieth Century Fox Film Corp. v. Streeter
438 F. Supp. 2d 1065 (D. Ariz. 2006) Cited 133 times
Finding defendant had committed copyright infringement by distributing without authorization copies of the copyrighted materials on the internet
Kidd v. Andrews
340 F. Supp. 2d 333 (W.D.N.Y. 2004) Cited 41 times
Holding first to file rule prohibited plaintiff, who had filed individual action for damages arising from claim of assault by prison guard, from serving as named plaintiff in later-filed class action suit seeking injunctive relief to prohibit assaults by prison guards
Hunt v. Kling Motor Co.
841 F. Supp. 1098 (D. Kan. 1994) Cited 33 times
Civ. A. No. 92-2060-EEO. December 15, 1993. Memorandum Denying Motion to Alter or Amend January 19, 1994. M. Joan Klosterman, James C. Morrow, Gordon N. Myerson, Daniel T. DeFeo, Timothy W. Monsees, Gary J. Willnauer, Myerson, Monsees Morrow, Brian J. Amick, Kansas City, MO, for plaintiff. Michael J. Grady, Gage Tucker, Overland Park, KS, for defendants. Patrick K. McMonigle, Howard D. Lay, Matthew B. Moore, Dysart, Taylor, Penner, Lay Lewandoski, Kansas City, MO, for garnishee Universal Underwriters
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 358,269 times 949 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 72,489 times 129 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
Rule 55 - Default; Default Judgment
Fed. R. Civ. P. 55 Cited 34,694 times 13 Legal Analyses
Adopting similar language for acquiring default judgment against the United States

Jimenez et al v. Rosenbaum-Cunningham, Inc. et al

8 Cited authorities

Finding default judgment appropriate "when the adversary process has been halted because of an essentially unresponsive party"

Holding that "we do not believe that it is an abuse of discretion for a trial judge to enter a default judgment to sanction a party who has callously disregarded repeated notices of a judicial proceeding"

Finding defendant had committed copyright infringement by distributing without authorization copies of the copyrighted materials on the internet

Holding first to file rule prohibited plaintiff, who had filed individual action for damages arising from claim of assault by prison guard, from serving as named plaintiff in later-filed class action suit seeking injunctive relief to prohibit assaults by prison guards

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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

Adopting similar language for acquiring default judgment against the United States