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Default entered against Leatherwood

Tateru Nino

Eros LLC has won its case against Texan teenager, Robert Leatherwood (who may or may not be avatar Volkov Cattaneo - it actually no longer matters now if he is or isn't).

Two weeks ago we reported that Leatherwood had failed to respond to the papers served to him in October, and that lawyer Frank Taney (representing plaintiff Eros LLC) was petitioning the court for default judgement.

Well, the court agreed with Taney (it's not like there's a lot of choice there) and issued what must be the shortest court document I've read so far. Virtually Blind's Benjamin Duranske has a copy of it, if you are interested.

As Duranske notes, under rule 55 of the Federal Rules of Court Procedure, Leatherwood is functionally the loser at this point, and Eros is free to follow essentially the same collection procedure from Leatherwood that it would employ if it had won the case straight up.

Although Leatherwood could try to overturn the default judgement under FRCB 60(B), Leatherwood would have to front up with something astonishingly good (and scrupulously correct, procedurally speaking). In all probability trying to overturn the default judgement would be more costly than paying it.

[Via Virtually Blind]

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