Does a court have discretion to enter default judgment against a party after the clerk has entered the party's default?

MultiRegion, United States of America

The following excerpt is from United States v. Approximately $9,815.00 in U.S. Currency, CASE NO. 1:13-cv-00145-LJO-SKO (E.D. Cal. 2013):

Federal Rule of Civil Procedure 55 provides that a court has discretion to enter default judgment against a party after the clerk has entered the party's default. In considering whether to enter default judgment, courts consider the following factors: (1) the possibility of prejudice to the plaintiff; (2) the merits of plaintiff's substantive claim; (3) the sufficiency of the compliant; (4) the sum of money at stake in the action; (5) the possibility of a dispute concerning material facts; (6) whether the default was due to excusable neglect; and (7) the strong policy of favoring decision on the merits. Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cit. 1986).

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