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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Brightline Packaging, Ltd. sues Global Packets, Inc. for breach of a packaging agreement. Service of summons is effected by delivering copies of the complaint and summons to the security guard at Global Packets’ plant gate, who claims to be authorized to receive documents for Global Packets but is not listed as an official agent for service. Global Packets does not appear or answer. On the date set for trial, the court enters default against Global Packets. After notice of judgment, Global Packets moves for relief from the default judgment under Rule 9, Sec. 3, contending that (i) service on the security guard was not valid service on Global Packets and did not provide actual knowledge of the suit, and (ii) Global Packets has a meritorious defense (e.g., no breach or illegality of the contract). The trial court denies the motion. (a) What is the controlling doctrine under Rule 9, Sec. 3 regarding default judgments? (b) What remedies exist to obtain relief from a default judgment, and what showing must be made? (c) Apply the rule to the facts: is the default judgment proper as a matter of law? does Global Packets have a viable path to relief or to have the case heard on the merits? Explain briefly.

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Clara

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