Mood

Mood v. Global Diamond Resources, Inc.

Good Law
125 F. App'x 113
United States Court of Appeals for the Ninth CircuitFebruary 17, 2005No. 03-56244; D.C. No. CV-99-01565-BTM/NLSCalifornia339 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant-Appellant Global Diamond Resources, Inc. (“GDRI”) appeals the District Court’s denial of its motion to set aside an entry of default under Rule 55(c) of the Federal Rules of Civil Procedure. Because the District Court did not abuse its discretion in denying GDRI’s Rule 55(c) motion, we affirm.

The District Court properly exercised its discretion by applying the correct “good cause” standard for setting aside an entry of default under Rule 55(c). The District Court considered whether GDRI engaged in culpable conduct that led to the default, and whether reopening the default entry would prejudice the plaintiff. See TCI Group Life Ins. Plan v. Knoebber, 244 F.3d 691 , 696-97 (9th Cir.2001). Although the District Court did not consider whether GDRI had any meritorious defenses, we have held that the “[good cause] factors are disjunctive,” and, therefore, “the district court was free to deny the motion ‘if any of the three factors was true.’ ” Franchise Holding II, LLC v. Huntington Rests. Group, Inc., 375 F.3d 922 , 926 (9th Cir.2004) (citation omitted).

The District Court reasonably concluded that GDRI engaged in culpable conduct that led to the default. A…

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