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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.