Great Southern Company Great Entertainment Merchandise, Incorporated v. Lance Davis Too Much Fun, Incorporated D/B/A Mayhem

57 F.3d 1077 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. GREAT SOUTHERN COMPANY; Great Entertainment Merchandise, Incorporated, Plaintiffs-Appellees, v. Lance DAVIS; Too Much Fun, Incorporated d/b/a Mayhem, Defendants-Appellants. No. 94-55693. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1995. * Decided June 9, 1995. Before: PREGERSON, POOLE, and D.W. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Defendants/Appellants Lance Davis and Too Much Fun, Inc. d/b/a Mayhem (hereinafter "Davis") appeal the district court's denial of their motion to set aside the default judgment entered against them in the action for copyright infringement filed by Plaintiff/Appellees The Great Southern Company and Great Entertainment Merchandise, Inc. ("Great Southern"). Davis claims that the default should be set aside on the grounds of surprise or excusable neglect, Fed.R.Civ.P. 60(b)(1), or, alternatively, misrepresentation, Fed.R.Civ.P. 60(b)(3). We have jurisdiction…