Marjorie Mauri, Plaintiff-appellant, v. General Electric Plastics, a Division of General Electriccorporation, Defendant-appellee, 91 F.3d 153 (9th Cir. 1996)
Annotate this CaseBefore: NOONAN, LEAVY, and TASHIMA, Circuit Judges.
MEMORANDUM**
Marjorie Mauri appeals pro se the district court's dismissal of her action against her former employer, General Electric Plastics ("GE Plastics"), concerning her exposure to toxic fumes while operating a photocopy machine. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Mauri contends that the district court erred by setting aside an entry of default against GE Plastics because GE Plastics failed to show good cause pursuant to Fed. R. Civ. P. 55(c). This contention lacks merit.
We review the district court's order setting aside an entry of default for abuse of discretion. See O'Connor v. State of Nevada, 27 F.3d 357, 364 (9th Cir. 1994), cert. denied, 115 S. Ct. 1367 (1995).
The district court may set aside an entry of default for good cause. See Fed. R. Civ. P. 55(c). Here, GE Plastics has demonstrated good cause because, contrary to Mauri's contention, GE Plastics filed a timely response to her complaint which clearly indicated its intent to defend the action. Cf. Direct Mail Specialists, Inc. v. Eclat Computerized Technologies, Inc., 840 F.2d 685, 689 (9th Cir. 1988). Accordingly, the district court did not abuse its discretion in setting aside the entry of default. See O'Connor, 27 F.3d at 364.
AFFIRMED.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.