Ticketron, Division of Control Data Corp. v. Record Museum, Inc.

MEMORANDUM

CAHN, District Judge.

Defendant Gerald Greene, on December 12, 1980, moved to open the default judgment entered against him on December 2, 1980. Under Fed.R.Civ.P. 60(bXl), it is within the discretion of the court upon such terms as are just, to grant relief from judgment upon determination that the said judgment was entered by “mistake, inadvertence, surprise, or excusable neglect.”

In exercising its discretion under Fed.R. Civ.P, 60(b)(1), this court will consider: (1) whether the defendant’s failure to plead was due to excusable neglect or mistake; (2) whether granting of the…