Green v. GerberAnnotate this Case
Plaintiff was driving her vehicle on a public highway when she was struck by a truck owned by Stockton Oil Company (Stockton) and driven by Ronald Gerber. Plaintiff filed a complaint against Stockton and Gerber seeking damages for the injuries she sustained as a result of the accident. Stockton was served but Gerber was not. Stockton did not respond to the complaint, and a default was subsequently entered against it in February 2011. A judgment for damages was entered in April 2011. In October 2011, Stockton moved to set aside the default judgment. Sixty-eight days later, the district court granted Stockton's motion. The Supreme Court reversed, holding that the district court (1) erred in granting Stockton's motion to set aside default judgment, as the court ignored the expiration of the sixty-day deadline in doing so; (2) thus, the motion was deemed denied by operation of law; and (3) the deemed denial did not constitute a slight abuse of discretion. Remanded for reinstatement of the default judgment.