Dick Moll & Sons, Inc. v. Theodore O'toole, and National Bindery Repair, National Bindery Products, National Bindery Products Company, Inc.

892 F.2d 1045 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. DICK MOLL & SONS, INC., Plaintiff-Appellee, v. Theodore O'TOOLE, Defendant-Appellant, and National Bindery Repair, National Bindery Products, National Bindery Products Company, Inc., Defendants. No. 87-6043. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1989. * Decided Dec. 15, 1989. Before GOODWIN, Chief Judge, SCHROEDER and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 In this action brought under the federal diversity jurisdiction, 28 U.S.C. § 1332 , Theodore O'Toole ("O'Toole") appeals the district court's order denying his motion to vacate the default judgment entered against him after he failed to answer appellee's complaint. An order denying a motion for relief from a default judgment is a final, appealable order under 28 U.S.C. § 1291 . See Direct Mail Specialists, Inc. v. Eclat Computerized Technologies, Inc., 840 F.2d 685, 687 (9th Cir.1988). We review the district…