Monday, December 22, 2014

I Love You Judge Rosenbaum (And So Does Gertrude Stein)!


Judge Rosenbaum is evidently feeling more confident and assured in her lofty new position at the 11th Circuit -- she's even gone "half-Carnes":
A “[r]ose is a rose is a rose is a rose.”1 And a motion for an entry of default judgment is a motion for an entry of default judgment is a motion for an entry of default judgment is a motion for an entry of default judgment—even if its writer calls it a motion for judgment on the pleadings. So Rule 55’s standard of “good cause” for setting aside an entry of default judgment—not the higher one of “excusable neglect” applicable to missed deadlines outside the default context—governs the court’s determination of whether, despite her one-time error in not responding to a pleading, the non-moving party should get the opportunity to have her case considered on the merits before final judgment against her is entered.
I love wonky orders on questions of procedure and the interplay between federal rules.

This order is especially satisfying because of the inherent justice involved -- read the whole thing.

2 comments:

Godwhacker said...

Alice B. Toklas, Mama Cass ~ this blog sure is groovy!

Anonymous said...

Three wonderful people named Stein
There's Gert and Ep and Ein
Gert writes blank verse
Ep's statutes are worse
And no one can understand Ein