Munns v. Niguel Sante LLC
ORDER denying 43 Motion for Entry of Default. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
Case No. 4:11-CV-039-BLW
NIGUEL SANTE LLC, an Idaho limited
liability company d/b/a THE GABLES
OF AMMON, ARROWHEAD
MANAGEMENT COMPANY LLC, an
Idaho limited liability company, STEPHANIE
ELLWOOD, individually, and RASMUSSEN
ENTERPRISES LLC, an Idaho limited liability
company d/b/a Gables Senior Living,
Plaintiff seeks to hold defendant Rasmussen in default for filing its answer two
days late. There is, however, no showing of prejudice, and the Ninth Circuit disfavors
defaults, holding that cases should be decided on the merits when possible. Eitel v.
McCool, 782 F.2d 1470, 1472 (9th Cir.1986); see also B2B CFO Partners, LLC v.
Kaufman, 2011 WL 6297930 (D.Ariz. Dec. 16, 2011) (denying motion for default when
answer filed one day late). For these reasons, the Court will deny the motion for default.
NOW THEREFORE IT IS HEREBY ORDERED, that the motion for default
Order - 1
(docket no. 43) is DENIED.
DATED: February 28, 2012
B. LYNN WINMILL
United States District Court
Order - 2
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