Pretzel & Stouffer v. Imperial Adjusters, Inc.
United States Court of Appeals for the Seventh Circuit
28 F.3d 42 (1994)
- Written by Mary Phelan D'Isa, JD
Facts
A law firm sued a client to recover unpaid legal fees, then amended its complaint to add a claim for misrepresentation. The client did not timely answer the amended complaint or attend a scheduled status hearing. The client’s counsel blamed the late answer on poor client communication and his hearing absence on his failure to properly calendar the date. The district court ordered entry of default against the client. At the hearing to set aside the entry of default, the client failed to request leave to file its late answer, failed to present a copy of its answer to the law firm, and failed to present a meritorious defense to the misrepresentation claim and instead reiterated its agency defense to the unpaid-legal-fees claim. The court denied the client’s motion to set aside the default and instead ordered entry of default judgment against the client. The client appealed.
Rule of Law
Issue
Holding and Reasoning (Kanne, J.)
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