Legal Opinion

United States v. Signed Personal Check No. 730 of Mesle

Court of Appeals for the Ninth Circuit

Decided August 4, 2010No. 09-55353PublishedCited by 389 opinions

1Opinion of the Court

OPINION

REINHARDT, Circuit Judge:

Yubran Mesle appeals the district court’s denial of his motion to set aside an entry of default in a forfeiture proceeding against checks drawn on Mesle’s accounts and funds in those accounts. “[Jjudgment by default is a drastic step appropriate only in extreme circumstances; a case should, whenever possible, be decided on the merits.” Falk v. Allen, 739 F.2d 461, 463 (9th Cir.1984). Our rules for determining when a default should be set aside are solicitous towards movants, especially those whose actions leading to the default were taken without the benefit of…

2Cases cited13 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
  3. Cracco v. Vitran Express, Inc.Court of Appeals for the Seventh Circuit · 2009
  4. Direct Mail Specialists, Inc. v. Eclat Computerized Technologies, Inc., Dba Computerized TechnologyCourt of Appeals for the Ninth Circuit · 1988
  5. Lemoge v. United StatesCourt of Appeals for the Ninth Circuit · 2009

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3Cited by389 opinions

  1. Newgen, LLC v. Safe Cig, LLCCourt of Appeals for the Ninth Circuit · 2016
  2. Brandt v. American Bankers Ins. Co. of FloridaCourt of Appeals for the Ninth Circuit · 2011
  3. United States v. Angela AguilarCourt of Appeals for the Ninth Circuit · 2015
  4. Tammy Phillips v. Kevan GilmanCourt of Appeals for the Ninth Circuit · 2018
  5. Clifford Tindall v. First Solar Inc.Court of Appeals for the Ninth Circuit · 2018

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