Global Digital Solutions Inc (GDSI)

[Coreton]

(DE222)The motion to set aside.

My guess is that BSF will eviscerating this Motion in part if not wholly on the 4th criteria set out in the rule. As so nicely presented by the “ new council” for Rontan.


“”In order to have adefault judgment set aside for excusable neglect there are four factors for the court to consider, (1) the danger of the prejudice to the opposing party; (2) the length of the delay and its potential impact on the judicial proceedings; (3) the reason for the delay, including whether it was within the reasonable control of the movant; and (4) whether the movant acted in good faith. “”

The judge repeatedly noted in the final judgement that Rontan had failed to follow the courts orders on numerous occasions and had not complied with numerous documents requested. This alone is probably all that one need address to dismiss this order to set aside as (4) is the easiest to document.

Will be an interesting week. Response due 6/19.