DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
183173P.pdf 12/05/2019 Austin Glick v. Western Power Sports, Inc
U.S. Court of Appeals Case No: 18-3173
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Shepherd, Author, with Gruender and Benton, Circuit Judges]
Civil case - Products liability. Plaintiff's complaint failed to provide
sufficient facts to state a claim and the district court did not err in
dismissing it pursuant to Rule 12(b)(6); even though entry of a default
against Western would have been proper because it failed to respond to the
complaint in a timely manner, a court must not enter a default judgment
without first determining whether the unchallenged facts in the complaint
constitute a legitimate cause of action and, here, the facts did not, and
the district court did not err in denying plaintiff's motion for a
default.