Felino Cabusora Martha Cabusora v. United States Department of Housing and Urban Development

Good Law
9 F.3d 1550·1993 WL 440985·1993 U.S. App. LEXIS 36203
United States Court of Appeals for the Ninth CircuitNovember 1, 199392-70270California841 words

Opinion

Opinion

9 F.3d 1550 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Felino CABUSORA; Martha Cabusora, Petitioners, v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Respondent. No. 92-70270. United States Court of Appeals, Ninth Circuit. Submitted Oct. 8, 1993. * Decided Nov. 1, 1993. Before: TANG, TROTT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Felino and Martha Cabusora petition for review of the decision of the Secretary of the Department of Housing and Urban Development ("HUD"). The Cabusoras contend that the administrative law judge ("ALJ") erred by entering default judgment against them for failing to respond in a timely manner to HUD's Charge of Discrimination. We have jurisdiction under 42 U.S.C. § 3612 (i) and deny the petition. 3 "We have held that a default judgment will not be disturbed if (1) the defendant's culpable conduct led to the default; (2) the defendant has no meritorious defense; or (3) the plaintiff would be prejudiced if the…

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