§Why CasetextPricing

White v. Caterpillar, Inc.

RESPONSE in Opposition regarding 39 MOTION for Default Judgment as to

9 Cited authorities

  1. Young v. City of Mount Ranier

    238 F.3d 567 (4th Cir. 2001)   Cited 2,381 times
    Holding that "[p]retrial detainees are entitled to at least the same protection under the Fourteenth Amendment as are convicted prisoners under the Eighth Amendment"

  2. Colin v. Marconi Commerce Sys. Employees' Retirement Plan

    335 F. Supp. 2d 590 (M.D.N.C. 2004)   Cited 249 times
    Holding moot defendants' motion to dismiss filed prior to amended complaint

  3. Turner v. Kight

    192 F. Supp. 2d 391 (D. Md. 2002)   Cited 253 times
    Denying as moot motion to dismiss original complaint on grounds that amended complaint superseded original complaint

  4. Lolatchy v. Arthur Murray, Inc.

    816 F.2d 951 (4th Cir. 1987)   Cited 341 times
    Holding that when a party defaults, an award of fees and costs is an appropriate lesser sanction

  5. Hall v. International Union

    3:10-cv-418-RJC-DSC (W.D.N.C. Jun. 21, 2011)   Cited 43 times
    Explaining that an "[a]mended complaint renders the defendants' pending motions to dismiss that are related to the superseded complaint as moot."

  6. Panhandle Cleaning & Restoration, Inc. v. Vannest

    Civil Action No. 5:11CV178 (N.D.W. Va. Apr. 18, 2012)   Cited 2 times
    Finding that the defendant acted promptly by filing both the answer and motion to set aside default on the same day plaintiff requested entry of default

  7. Rowley v. City of North Myrtle Beach

    Civil Action No.: 4:06-1873-TLW-TER, 4:07-1636-TLW-TER (D.S.C. Mar. 16, 2009)   Cited 4 times
    Finding as moot the defendants' motion to file answer out of time and the plaintiff's motion for default judgment based on the defendants' failure to timely answer the original complaint because "[t]he original complaint was, in a sense, amended out of existence." (quoting Thomas v. Se. Pa. Transp. Auth., 1989 WL 11222, at *1 (E.D. Pa. 1989))

  8. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 72,180 times   128 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

  9. Rule 6 - Time

    N.C. Gen. Stat. § 6   Cited 9 times

    (a) Computation. - In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, including rules, orders or statutes respecting publication of notices, the day of the act, event, default or publication after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or a legal holiday when the courthouse is closed for transactions, in which