Kohl v. Amerigas Propane, Inc.

By Judge Daniel R. Bouton

On this Motion for Default Judgment, the court has completed a thorough study of the arguments and the authorities that have been submitted by the parties. The court’s review of these items has now been concluded, and the court has had adequate time to reflect on its ruling.

To begin with, both sides concede that, whether a default judgment should be granted or whether an extension of time to file responsive pleadings should be permitted is a decision that rests within the sound discretion of the court. What is in dispute, however, is the standard that should be…