Next Generation Bar Exam Quiz
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CIVIL PROCEDURE
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A supplier sued a restaurant in federal court for breach of contract and obtained a default judgment for $60,000. The restaurant had been properly served and never appeared. Fourteen months later, the restaurant moved to set aside the judgment, arguing that its manager had mistakenly believed an insurer was handling the lawsuit and that the restaurant has a meritorious defense. The supplier argued that the motion is untimely.
If the restaurant's mistake is the only ground for relief, should the court grant the motion?
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