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BRANDT v. AMERICAN BANKERS INS. CO. OF FLORIDA

No. 10-35764.

653 F.3d 1108 (2011)

Todd BRANDT and Karen Brandt, Plaintiffs-Appellants, v. AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2011.

Attorney(s) appearing for the Case

Bradley A. Maxa, Gordon, Thomas, Honeywell, L.L.P., Tacoma, WA, for appellants Todd and Karen Brandt.

William T. Treas, Nielsen Law Firm, L.L.C., Metairie, LA, for appellee American Bankers Insurance Co. of Florida.

Before: WILLIAM A. FLETCHER and JOHNNIE B. RAWLINSON, Circuit Judges, and IRMA E. GONZALEZ, Chief District Judge.

OPINION

GONZALEZ, Chief District Judge:

Todd and Karen Brandt appeal the district court's order granting American Bankers Insurance Company's motion to set aside default judgment for excusable neglect under Fed.R.Civ.P. 60(b)(1). The Brandts argue that once the district court concluded American Bankers acted culpably in failing to respond to the complaint, it was precluded as a matter of law from setting aside the default judgment.

We hold that the...

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