United States Seventh Circuit

Summary judgment for an ERISA plan in a suit over denial of benefits is affirmed where the district court did not abuse its discretion in denying plaintiff's motion for default judgment since defendant's excusable neglect did not cause prejudice and default judgment would constitute a pointless windfall for plaintiff.

Appellate Information

• Decided 01/08/2007
• Published 01/08/2007

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and POSNER and MANION, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Jeanine Lea Mommaerts, Green Bay, WI, pro se.


• For Appellees:
  
• Eric C. Tostrud, Lockridge Grindal Nauen, Minneapolis, MN, for Defendant-Appellee.