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cited 10× by 10 distinct cases, 2019–2025 · 3 courts ·
…even if a default has been entered against a party, it remains for the court to consider whether the unchallenged facts constitute a legitimate cause of action, since a party in default does not admit mere conclusions of law.
at p. 16
⚠ not in text
cited 3× by 3 distinct cases, 2009–2012 ·
…examine a plaintiffs complaint to determine whether it alleges a cause of action.
at p. 16
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cited 3× by 3 distinct cases, 2020–2022 ·
…understand the direction of the proceeding and marshall such evidence as might be available to him.
at p. 16
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Top citers, strongest first. 50 distinct citers.
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discussed
Cited as authority (verbatim quote)
Fin. of Am. Reverse, LLC v. Carmona-Vargas
under federal rule of civil procedure 55(b)(2) a court, in its own discretion, may hold a hearing to 'establish the truth of any averment' in the complaint
cited
Cited as authority (rule)
John Buccieri v. Vital Emergency Medical Services
Id. (citing Ramos-Falcon v. Autoridad de Energía Eléctrica, 301 F.3rd 1, 2 (1st Cir. 2002); Quirindongo Pacheco v. Rolón Morales, 953 F. 2d 15, 16 (1st Cir. 1992)).
discussed
Cited as authority (rule)
Ferrari Financial Services, Inc. v. RM BPO Consulting LLC and Raju Sharma
Co., 184 F.3d 4 , 9 n.3 (1st Cir. 1999) (“A party who defaults is taken to have conceded the truth of the factual allegations in the complaint as establishing the grounds for liability as to which damages will be calculated.” (citing Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992))).
discussed
Cited as authority (rule)
Boards of Trustees of the Ohio Laborers Benefits v. Ady Excavating LLC
“Even if a default has been entered against a party, it remains for the court to consider whether the unchallenged facts constitute a legitimate cause of action, since a party in default does not admit mere conclusions of law.” Anderson v. Johnson, No. 98-1931, 1999 WL 1023753 , at * 2 (6th Cir. Nov. 4, 1999) (citing Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992)).
cited
Cited as authority (rule)
John Lausser, et al. v. Elite Airway Services, LLC, d/b/a Elite Airways, et al.
Aug. 31, 2023) (quoting Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992) (per curiam)).
discussed
Cited as authority (rule)
Boards of Trustees of the Ohio Laborers Benefits v. Ady Excavating LLC
“Even if a default has been entered against a party, it remains for the court to consider whether the unchallenged facts constitute a legitimate cause of action, since a party in default does not admit mere conclusions of law.” Anderson v. Johnson, No. 98-1931, 1999 WL 1023753 , at * 2 (6th Cir. Nov. 4, 1999) (citing Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992)).
cited
Cited as authority (rule)
LAUSSER v. ELITE AIRWAY SERVICES LLC
In making that determination, it must assume that all well pleaded factual allegations are true." Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992) (per curiam).
cited
Cited as authority (rule)
GT & J ENTERPRISES LLC v. MARULLO
Aug. 31, 2023) (quoting Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992) (per curiam)).
discussed
Cited as authority (rule)
US Department of Labor v. Compania Poncena de Transporte-Juan Luna
Liability and Damages On a motion for a default judgment, the Court considers “all well-pleaded factual allegations as true. . .to determine whether [the complaint] alleges a cause of action.” Ramos-Falcon v. Autoridad de Energia Electrica, 301 F.3d 1, 2 (1st Cir. 2002) (citing Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992)); see also Franco v. Selective Ins., 184 F.3d 4 , 9 n.3 (1st Cir. 1999) (“A party who defaults is taken to have conceded the truth of the factual allegations in the complaint as establishing the grounds for liability as to which damages will be …
cited
Cited as authority (rule)
Sandoval v. Hospital Oriente, Inc.
P. 55(b)(2)(C); Quirindongo Pacheco v. Rolón-Morales, 953 F.2d 15, 16 (1st Cir. 1992).
cited
Cited as authority (rule)
U.S. Bank Trust National Association v. Murray
Co., 184 F.3d 4 , 9 n.3 (1st Cir. 1999) (citing Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992)).
discussed
Cited as authority (rule)
Maxon v. Arrowsmith
P. 8002(a)(1), (5)(A); In re Weston, 953 F.2d 15 1390 (9th Cir. 1992) (date of service does not extend time for filing appeal pursuant to Rule 16 9006(f)). 17 Thus, Appellants’ appeal was untimely, and they did not file a motion for an 18 extension regarding the time to appeal.
discussed
Cited as authority (rule)
Bubba's Towing & Recovery, LLC v. Big Eagle Transport, Inc.
“Even if a default has been entered against a party, it remains for the court to consider whether the unchallenged facts constitute a legitimate cause of action, since a party in default does not admit mere conclusions of law.” Anderson v. Johnson, 1999 WL 1023753 , at *2 (6th Cir.) (citing Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992)); see also Harris v. Cooley, 2019 WL 1573260 , at *1 (S.D.
discussed
Cited as authority (rule)
Total Petroleum Puerto Rico Corp. v. Montanez Service Station, Inc.
“The court may also examine a plaintiff’s complaint, taking all well-pleaded factual allegations as true, to determine whether it alleges a cause of action.” Ramos-Falcon v. Autoridad de Energia Electrica, 301 F.3d 1, 2 (1st Cir. 2002) (citing Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992)).
discussed
Cited as authority (rule)
Principal Life Insurance Company v. Howard-Kembitzky
“Even if a default has been entered against a party, it remains for the court to consider whether the unchallenged facts constitute a legitimate cause of action, since a party in default does not admit mere conclusions of law.” Anderson v. Johnson, No. 98-1931, 1999 WL 1023753 , at * 2 (6th Cir. Nov. 4, 1999) (citing Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992)).
discussed
Cited as authority (rule)
Perry v. Oregon Healthcare, LLC
Liability “Even if a default has been entered against a party, it remains for the court to consider whether the unchallenged facts constitute a legitimate cause of action, since a party in default does not admit mere conclusions of law.” Anderson v. Johnson, 1999 WL 1023753 , at *2 (6th Cir.) (citing Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992)); see also Harris v. Cooley, 2019 WL 1573260 , at *1 (S.D.
discussed
Cited as authority (rule)
Bautista Cayman Asset Company v. Sylar Corporation
However, following entry of default, the court may independently “examine a plaintiff's complaint, taking all well-pleaded factual allegations as true, to determine whether it alleges a cause of action.” Ramos-Falcon v. Autoridad de Energia Electrica, 301 F.3d 1, 2 (1st Cir. 2002) (citing Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir.1992)).
discussed
Cited as authority (rule)
North Costa LLC v. 115 Management Inc.
DEFAULT JUDGMENT STANDARD After an entry of default has been made, “the court . . . may examine a plaintiff’s complaint, taking all well-pleaded factual allegations as true, to determine whether it alleges a cause of action.” Ramos-Falcón v. Autoridad de Energía Eléctrica, 301 F.3d 1, 2 (1st Cir. 2002) (citing Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992)).
discussed
Cited as authority (rule)
JIF Trading LLC v. Mizrahi
DEFAULT JUDGMENT STANDARD After an entry of default has been made, “the court . . . may examine a plaintiff’s complaint, taking all well-pleaded factual allegations as true, to determine whether it alleges a cause of action.” Ramos-Falcón v. Autoridad de Energía Eléctrica, 301 F.3d 1, 2 (1st Cir. 2002) (citing Quirindongo Pacheco v. Rolón Morales, 953 F.2d 15, 16 (1st Cir. 1992)).
discussed
Cited as authority (rule)
GlobalTranz Enterprises LLC v. State to State Freight, LLC
“Even if a default has been entered against a party, it remains for the court to consider whether the unchallenged facts constitute a legitimate cause of action, since a party in default does not admit mere conclusions of law.” Anderson v. Johnson, No. 98-1931, 1999 WL 1023753 , at *2 (6th Cir. No. 4, 1999) (citing Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992)).
discussed
Cited as authority (rule)
Neff v. Mediation Processing Services, LLC
Before entering a default judgment, the court “may examine a plaintiff’s complaint, taking all well-pleaded factual allegations as true, to determine whether it alleges a cause of action.” Ramos- Falcon v. Autoridad de Energia Electrica, 301 F.3d 1, 2 (1st Cir. 2002) (citing Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992)).
discussed
Cited as authority (rule)
Duncan v. Ds Excavating & Service LLC
“Even if a default has been entered against a party, it remains for the court to consider whether the unchallenged facts constitute a legitimate cause of action, since a party in default does not admit mere conclusions of law.” Anderson v. Johnson, No. 98-1931, 1999 WL 1023753 , at * 2 (6th Cir. Nov. 4, 1999) (citing Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992)).
discussed
Cited as authority (rule)
The Estate of Rafael Leavitt-Rey v. Samuel Marrero-Gonzalez
In making that determination it must assume that all well pleaded factual allegations are true.” Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992) (citations omitted) (emphasis added).
discussed
Cited as authority (rule)
The Estate of Rafael Leavitt-Rey v. Samuel Marrero-Gonzalez
In making that determination it must assume that all well pleaded factual allegations are true.” Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992) (citations omitted) (emphasis added).
discussed
Cited as authority (rule)
Innovative Sports Management, Inc. v. Serna
(2×)
Ramos-Falcon v. Autoridad de Energia Electrica, 301 F.3d 1, 2 (1st Cir. 2002); Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992).
discussed
Cited as authority (rule)
Hicks v. Smith
(2×)
also: Cited "see, e.g."
“Even if a default has been entered against a party, it remains for the court to consider whether the unchallenged facts constitute a legitimate cause of action, since a party in default does not admit mere conclusions of law.” Anderson v. Johnson, No. 98-1931, 1999 WL 1023753 , at *2 (6th Cir. Nov. 4, 1999) (citing Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992)); see also Quirindongo Pacheco, 953 F.2d at 16 (“After an entry of default, a court may examine a 1 Because “an entry of default is a prerequisite to a default judgment.
cited
Cited as authority (rule)
U.S. Equal Employment Opportunity Commission v. Aviation Port Services, LLC
Ramos-Falcon v. Autoridad de Energia Electrica, 301 F.3d 1, 2 (1st Cir. 2002); Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992).
cited
Cited as authority (rule)
Hugler v. Evolution Quality Guard Inc.
In making that determination it must assume that all well pleaded factual allegations are true.” Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992) (citations omitted).
discussed
Cited as authority (rule)
Capsa Solutions, LLC. v. Concord Healthcare Group, LLC.
“Even if a default has been entered against a party, it remains for the court to consider whether the unchallenged facts constitute a legitimate cause of action, since a party in default does not admit mere conclusions of law.” Anderson v. Johnson, No. 98-1931, 1999 WL 1023753 , at * 2 (6th Cir. Nov. 4, 1999) (citing Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992)).
discussed
Cited as authority (rule)
Grimm v. GPG Processing, LLC
“Even if a default has been entered against a party, it remains for the court to consider whether the unchallenged facts constitute a legitimate cause of action, since a party in default does not admit mere conclusions of law.” Anderson v. Johnson, No. 98-1931, 1999 WL 1023753 , at * 2 (6th Cir. Nov. 4, 1999) (citing Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992)).
discussed
Cited as authority (rule)
US v. Sullender, et al.
Before entering a default judgment, the court “may examine a plaintiff’s complaint, taking all well-pleaded factual allegations as true, to determine whether it alleges a cause of action.” Ramos-Falcón v. Autoridad de Energía Electríca, 301 F.3d 1, 2 (1st Cir. 2002) (quoting Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992)).
discussed
Cited as authority (rule)
Securities & Exchange Commission v. Esposito
On a motion for a default judgment, however, it is appropriate to independently “examine a plaintiffs complaint, taking all well-pleaded factual allegations as true, to determine whether it alleges a cause of action.” Ramos-Falcon v. Autoridad de Energia Electrica, 301 F.3d 1, 2 (1st Cir. 2002) (citing Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992)).
discussed
Cited as authority (rule)
Shell v. Henderson
See Black v. Lane, 22 F.3d 1395, 1398 (7th Cir.1994) (stating that it was improper to dismiss claims at a hearing on damages without providing notice that the court would consider the merits); Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir.1992) (per curiam) (stating that the court must make “its requirements known in advance to the plaintiff, so that he could understand the direction of the proceeding and marshall such evidence as might be available [to] him” (brackets and internal quotation marks omitted)).
discussed
Cited as authority (rule)
MNW, LLC v. Mega Auto Group, Inc.
Co., 184 F.3d 4 , 9 n. 3 (1st Cir.1999) (“A party who defaults is taken to have conceded the truth of the factual allegations in the complaint as establishing the grounds for liability as to which damages will be calculated”) (citing Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir.1992), a case involving entry of default but not a default judgment); Priest v. Brummer, No. 1:06-CV065-TS, 2008 WL 2788759 , at *4 (N.D.Ind.
cited
Cited as authority (rule)
Vazquez-Baldonado v. Domenech
A court may, however, “examine a plaintiffs complaint to determine whether it alleges a cause of action.” Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992).
discussed
Cited as authority (rule)
VAZQUEZ-BALDONADO v. Domenech
(2×)
also: Cited "see"
The court may, however, “examine a plaintiffs complaint to determine whether it alleges a cause of action.” Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir.1992).
cited
Cited as authority (rule)
Colon v. Blades
However, the court may “examine [the] complaint to determine whether it alleges a cause of action.” Id. (quoting Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir.1992)).
discussed
Cited as authority (rule)
Lang-Correa v. Diaz-Carlo
(2×)
also: Cited "see"
The court may, however, “examine a plaintiffs complaint to determine whether it alleges a cause of action.” Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir.1992).
examined
Cited as authority (rule)
Valley Hosp. Ass'n, Inc. v. Brauneis
(3×)
Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir.1992).
discussed
Cited as authority (rule)
Irby v. Fashion Bug (In Re Irby)
Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir.1992) (a court may examine a plaintiffs complaint to determine whether it alleges a cause of action); GMAC Commercial Mortgage Corp. v. Maitland Hotel Assocs., 218 F.Supp.2d 1355, 1359 (M.D.Fla.2002) (a default judgment cannot stand on a complaint that fails to state a claim).
discussed
Cited as authority (rule)
Charter Communications Entertainment I, LLC v. Burdulis
Ramos-Falcon v. Autoridad de Energia Electrica, 301 F.3d 1, 2 (1st Cir.2002); Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir.1992). 3 . .Specifically, the motion for default judgment seeks the following relief: statutory damages in the amount of $20,000 for violations of 47 U.S.C. §§ 553 (a) and 605(a); an order enjoining the defendant from "engaging in, aiding, abetting or otherwise promoting or supporting interception or reception of the cable television programming, service or signal of Charter”; and attorneys' fees and costs in the amount specified in an attached affida…
discussed
Cited as authority (rule)
Ramos-Falcón v. Autoridad De Energía Eléctrica
(2×)
also: Cited "see"
Quirindongo Pacheco v. Rolón Morales, 953 F.2d 15, 16 (1st Cir.1992). *3 Additionally, the court may conduct a hearing to “establish the truth of any averment” in the complaint.
cited
Cited as authority (rule)
Banco Bilbao Vizcaya Argentaria v. Family Restaurants, Inc.
See Fed.R.Civ.P. 55(b)(2); Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir.1992) (per curiam).
cited
Cited as authority (rule)
Perez-Santos v. Malave
In making that determination it must assume that all well pleaded factual allegations are true.” Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992).
cited
Cited as authority (rule)
Marshall v. Stratus Pharmaceuticals, Inc.
Pacheco v. Morales, 953 F.2d 15, 16 (1st Cir. 1992).
cited
Cited as authority (rule)
Michael Franco v. Selective Insurance Company, New Jersey Manufacturers Insurance Company
Quirindongo Pacheco v. Roten Morales, 953 F.2d 15, 16 (1st Cir.1992), but this has nothing to do with collateral estoppel; and, of course, Franco did not default.
discussed
Cited as authority (rule)
George Hyman Construction Co. v. Gateman
The Court, having not held “a hearing to ‘establish the truth of any averment’ in the complaint,” assumes “that all well pleaded factual allegations are true” as against the two defaulted corporations, Calvesco and Jackson. 8 Quirindongo Pacheco v. Rolon *149 Morales, 953 F.2d 15, 16 (1st Cir.1992) (quoting Fed.R.Civ.P. 55(b)(2)).
cited
Cited as authority (rule)
Patray v. Northwest Publishing, Inc.
Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir.1992).
discussed
Cited "see"
American Paper Optics, LLC v. Zimmerman
See Harrison v. Bailey, 107 F.3d 870 (6th Cir. 1997) (unpublished table decision) (“Default judgments would not have been proper due to the failure to state a claim against these defendants.”) (quoting Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir.1992)).
discussed
Cited "see"
American Paper Optics, LLC v. Zimmerman
See Harrison v. Bailey, 107 F.3d 870 (6th Cir. 1997) (unpublished table decision) (“Default judgments would not have been proper due to the failure to state a claim against these defendants.”) (quoting Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir.1992)).
Retrieving the full opinion text from the archive…
Benjamin QUIRINDONGO PACHECO, Plaintiff, Appellant,
v.
Jose L. ROLON MORALES, Et Al., Defendants, Appellees
v.
Jose L. ROLON MORALES, Et Al., Defendants, Appellees
91-1369.
Court of Appeals for the First Circuit.
Jan 3, 1992.
953 F.2d 15
1992 U.S. App. LEXIS 81
1992 WL 762
Raul Barrera Morales, for plaintiff, appellant., Carlos Lugo Fiol, Asst. Sol. Gen., with whom Anabelle Rodriguez, Deputy Sol. Gen. and Jorge E. Perez Diaz, Sol. Gen., were on brief, for defendants, appellees.
Campbell, Brown, Bownes.
Cited by 59 opinions | Published
PER CURIAM.
This is an appeal from a dismissal of a complaint in the District Court for the District of Puerto Rico. Plaintiff-appellant Benjamin Quirindongo Pacheco sued defendant-appellees Jose Rolon .Morales, Victor L. Serrano and Mariano Reyes Mateo, all members of the Special Investigation Bureau of the Department of Justice of the Commonwealth of Puerto Rico under 42 U.S.C. § 1983 and local tort law. Plaintiff alleged that he was arrested without probable cause and prosecuted falsely and maliciously. After proper service on the defendants and no answer to the complaint, the district court clerk entered a default on the docket against the defendants. After a subsequent hearing, the court dismissed the complaint for failure to state a viable claim. Plaintiff appeals the dismissal of the complaint.
After an entry of default, a court may examine a plaintiff’s complaint to determine whether it alleges a cause of action. In making that determination it must assume that all well pleaded factual allegations are true. Au Bon Pain Corp. v. Artect, Inc., 653 F.2d 61, 65 (2d Cir.1981); Danning v. Lavine, 572 F.2d 1386, 1388 (9th Cir.1978); Kelley v. Carr, 567 F.Supp. 831, 840 (W.D.Mich.1983); see also 10 Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 2688 at 447-48 (1983).
Under Federal Rule of Civil Procedure 55(b)(2) a court, in its own discretion, may hold a hearing to “establish the truth of any averment” in the complaint. In this circuit, we have stated that this is appropriate only if the court has made “its requirements known in advance to the plaintiff, so that [he] could understand the direction of the proceeding and marshall such evidence as might be available [him].” McGinty v. Berenger Volkswagen, Inc., 633 F.2d 226, 229 (1st Cir.1980).
Upon examining the record in this case we find no indication that the district court gave notice to the plaintiff that it intended to investigate into liability at the hearing held after the entry of default. In the absence of such notice it was inappropriate for the district court to dismiss the complaint based on the lack of evidence adduced by the plaintiff at the hearing.
We therefore remand this case solely for another hearing on liability and damages in accordance with Rule 55(b)(2). After such a hearing the district court may either enter a judgment on default in accordance with Rule 55(b)(2) and award damages or dismiss the action for failure to state a viable claim.
Remanded for further proceedings consistent herewith. Costs on appeal to ap pellant.