DREITH v. NU IMAGE, INC.

No. 10-55172.

648 F.3d 779 (2011)

Dennis DREITH, in his capacity as Administrator, Film Musicians Secondary Market Fund; the Film Musicians Secondary Markets Fund, Plaintiffs-Appellees, v. NU IMAGE, INC., a California corporation; Millennium Films, Inc., a Delaware corporation; Breakstreet Productions, Inc., a California Corporation; Dog Watch Productions, Inc., a California Corporation, Defendants-Appellants, and Phoenician Films, Inc., a California corporation; Kow Knut Productions, Inc., a California corporation; Sad Incorporated, a New York Corporation; Lunar Cop Productions, an entity of unknown incorporation; Tse Tse Fly Productions, a California Limited Liability Company; Fly Productions, Inc., a California Corporation; Big Truck Productions, Inc., a California Corporation; Chase the Moon, Inc., a California Corporation; Scarred Productions, Inc., a New York corporation, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed July 19, 2011.


Attorney(s) appearing for the Case

Elizabeth Chilton and Patricia Glaser , Glaser, Weil, Fink, Jacobs, Howard & Shapiro LLP, Los Angeles, CA, for the appellants.

Barbara W. Ravitz and Feris M. Greenberger , Greines, Martin, Stein & Richland LLP, Los Angeles, CA; Brian L. Cella, Robert J. Lange and James D. Luhmann, Cella Lange & Cella LLP, Walnut Creek, CA, for the appellee.

Before: ROBERT R. BEEZER, STEPHEN S. TROTT, and PAMELA ANN RYMER, Circuit Judges.


OPINION

TROTT, Circuit Judge:

The Defendants below, Appellants here, engaged in discovery misconduct that was sufficiently egregious to cause the district court to enter an order of default against them. Although they now contend for a variety of reasons that the default order was erroneous, the Defendants did not challenge the order of default by way of Federal Rule of Civil Procedure 55(c) or 60(b). Six months later, at the Plaintiffs' request, the district...

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