![]() ![]() ![]() from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect (2) newly discovered evidence. On motion and upon such terms as are just, the court may relieve a party. In addition, courts have generally held a default to be willful when a lawyer neglects a case for an extended period of time. 1984) (default held willful where defendant's attorney, without explanation, failed to inform the court about a stipulation extending defendant's time to respond). Courts have also held a default to be willful when a defendant knew about the complaint and failed to respond. 1763, 118 L.Ed.2d 425 (1992) (defendant admitted deliberately choosing not to appear in action). Commercial Bank, 15 F.3d at 244 (defendant purposely evaded service) Action S.A. For example, a default will be held willful if the party caused it intentionally. In general, on a motion to set aside a default judgment, the defaulting party must come forward with some explanation for the default.However, this policy has recently been modified by a more restrained approach towards permitting vacatur based on settlement. The court in Nestle had held that it was "an abuse of discretion for a district court to refuse to enter a vacatur pursuant to a settlement." 756 F.2d at 282. ![]() John Hancock Mutual Life Insurance Co., 970 F.2d 1138, 1146 (2d Cir.), cert.
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