Opinion
Civil Case No. 02-00002
October 24, 2002
ORDER
On February 6, 2002, the plaintiff filed the Complaint in the above-captioned case. On February 8, 2002, the plaintiff filed an Amended Complaint. When the defendants failed to file a timely answer, the plaintiff filed an application for default judgment on May 17, 2002. The defendants filed their Answer to the Amended Complaint on June 5, 2002.
The Court is mindful that default judgments are generally disfavored. "Cases should be decided upon their merits whenever reasonably possible."Eitel v. McCool, 782 F.2d 1470, 1472 (9th Cir. 1986) (citation omitted). Consistent with this principle, the Court hereby denies the plaintiffs application for default judgment.
SO ORDERED.