Forgot your password?
Please enter your email & we will send your password to you:
My Account:
Copyright © International Chamber of Commerce (ICC). All rights reserved. ( Source of the document: ICC Digital Library )
2019 LC CASE SUMMARIES No. 8:17-2092-TMC,2019WL 342061 (D.S.C. Jan. 28, 2019) [USA]
Prior History: Fitzgibbons v. Atkinson, No. 8:17-cv-02092-TMC-JDA, 2019WL 343724 (D.S.C. Jan. 7, 2019) (Magistrate Report and Recommendation concluding that entry of default judgment against some defendants would be “premature”).
Topics: Default Judgment; Fraud; Standby LC
Article
Note: In response a Magistrate Judge Report recommending that the district court deny motions for default judgment against non-responding defendants sued for, among other counts, federal racketeering and conversion, none of the parties to the action objected to the findings of the Magistrate Judge. In noting that “[t]he Report has no presumptive weight and the responsibility to make a final determination in this matter remains with this court”, the United States District Court for the District of South Carolina, Cain, J., adopted the report and denied motions for default judgment. The Magistrate Judge had concluded that two pro se defendants “may have defenses that would apply as well to the Defaulted Defendants” and that entry of default judgment would have been “premature” at that stage of litigation. Accordingly, the District Judge noted that following a “thorough and careful review, the court finds no clear error and adopts the Report.”
[MJK]
COPYRIGHT OF THE INSTITUTE OF INTERNATIONAL BANKING LAW & PRACTICE
The views expressed in this Case Summary are those of the Institute of International Banking Law and Practice and not necessarily those of the ICC or Coastline Solutions.