Munns v. Niguel Sante LLC

Filing 48

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)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO AMANDA MUNNS, Case No. 4:11-CV-039-BLW Plaintiff, ORDER v. 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, Defendants. 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. Accordingly, 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 Chief Judge United States District Court Order - 2

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