Discussion 7
Consider the following fact pattern:
Reed, a former business partner, sues Smythe for breach of contract. After he is served, Smythe talks to Reed, telling him that he believes the lawsuit has no basis, but, in any case, he has no money or assets, and any judgment would be uncollectable. He also tells Reed that he is very ill and has a condition that may be terminal. Reed, feeling sorry for Smythe, tells him not to worry about the lawsuit. Smythe does not consult a lawyer and does not file an answer to the complaint. Reed obtains a default judgment for $1 million. Shortly after, Smythe wins $10 million in the lottery. He also learns that his medical condition was not as serious as the doctors first told him. He now wants to make a motion to set aside the default judgment for $1 million.
First, draft an affidavit or declaration that Smythe might file in support of his motion to set aside the default judgment. Share this affidavit/declaration in your initial post.
Next, look up FRCP 60. Based on this rule, do you think the court should grant Smythe’s motion? Why or why not?
