McEwen v. Accelerated Commercial Consultants et al
Filing
53
ORDER Granting 34 Motion to Set Aside Default and Denying 19 Motion for Default Judgment. Signed by Judge Philip M. Pro on 4/19/10. (Copies have been distributed pursuant to the NEF - ASB)
<![CDATA[
1 2 3 4 5 6 7 8 9 10
UNITED STATES DISTRICT COURT DISTRICT OF NEVADA JULIE MCEWEN, Plaintiff, v. *** ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:09-CV-02173-PMP-LRL ORDER
ACCELERATED COMMERCIAL CONSULTANTS, FRANK 11 ULBRIGHT, TERRY PRITCHETT, and MARK MASTRANGELO,
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
Defendants.
The Court having read and considered Defendant Accelerated Commercial Consultant's fully briefed Motion to Set Aside Default (Doc. #34), and Plaintiff's Praecipe for Default Against Defendant Accelerated Commercial Consultants (Doc. #19), and further considering the arguments presented at the hearing conducted April 19, 2010, and good cause appearing, The Court finds that Defendant Accelerated Commercial Consultants Motion to Set Aside Default (Doc. #34) should be granted. Specifically, the Court finds that although the principals of Defendant Accelerated, Frank Ulbright and Terry Pritchett, may have been negligent in failing to insure that an answer to Plaintiff's Complaint was filed by counsel on behalf of Defendant Accelerated, their conduct was not "culpable." Moreover, although Defendant Accelerated's explanation as to a meritorious defense arguably is tenuious, the Court concludes this action should be decided on its merits.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
IT IS THEREFORE ORDERED that Defendant Accelerated Commercial Consultant's Motion to Set Aside Default (Doc. #34) is GRANTED. IT IS FURTHER ORDERED that Plaintiff Julie McEwen's Praecipe for Default Judgment Against Accelerated Commercial Consultants (Doc. #19) is DENIED. DATED: April 19, 2010.
PHILIP M. PRO United States District Judge
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
