Golden Village, Ltd. Kenneth Schofield Carole Wagner v. Insurance Company of North America, and American States Insurance Company
Opinion
Opinion
61 F.3d 910 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. GOLDEN VILLAGE, LTD.; Kenneth Schofield; Carole Wagner, Plaintiffs-Appellants, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant, and American States Insurance Company, Defendant-Appellee. No. 93-56681. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 7, 1995. Decided July 11, 1995. Before: WALLACE, Chief Judge, and KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM * 2 1. The district court did not abuse its discretion in vacating the entry of default, which it may do upon a showing of good cause. Fed. R. Civ. P. 55(c). In this case, good cause clearly existed: (1) American States Insurance Company ("American") had a meritorious defense; (2) American did not purposefully fail to file an answer to the first amended complaint; (3) Golden Village, Ltd., Kenneth Schofield, and Carole Wagner (collectively "Golden") presented no evidence that they would be prejudiced if the entry of default were…