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MUNNS v. NIGUEL SANTE LLC

Case No. 4:11-CV-039-BLW.

AMANDA MUNNS, Plaintiff, v. NIGUEL SANTE LLC, an Idaho limited liability company d/b/a THE GABLES OF AMMON, ARROWHEAD MANAGEMENT COMPANY LLC, an Idaho limited liability company, STEPHANIE ELLWOOD, individually, and RASMUSSEN ENTERPRISES LLC, an Idaho limited liability company d/b/a Gables Senior Living, Defendants.

United States District Court, D. Idaho.

February 28, 2012.

Attorney(s) appearing for the Case

Amanda Munns, Plaintiff, represented by Amanda Elizabeth Ulrich , Holden Kidwell Hahn & Crapo, PLLC & DeAnne Casperson , HOLDEN KIDWELL HAHN & CRAPO.

Niguel Sante LLC, an Idaho Limited Liability Company doing business as Gables of Ammon, The, Defendant, represented by Hyrum Dean Erickson , RIGBY ANDRUS & MOELLER, CHTD.

Arrowhead Management Company LLC, Defendant, represented by Richard J Armstrong , KIRTON McCONKIE.

Stephanie Ellwood, Defendant, represented by Richard J Armstrong , KIRTON McCONKIE.

Rasmussen Enterprises, LLC, Defendant, represented by Murray Jim Sorensen , BLASER SORENSEN & HANSEN & Jeffrey Lynn Thomason, Jr. , Blaser, Sorensen & Oleson.

ORDER

B. LYNN WINMILL, Chief District Judge.

Plaintiff seeks to hold defendant Rasmussen in default for filing its answer two days late. There is, however, no showing of prejudice, and the Ninth Circuit disfavors defaults, holding that cases should be decided on the merits when possible. Eitel v. McCool, 782 F.2d 1470, 1472 (9th Cir.1986); see also B2B CFO Partners, LLC v. Kaufman, 2011 WL 6297930 (D.Ariz...

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