What is the test for determining whether a plaintiff has been successful in obtaining an order for a third party to sue for damages from the third party?

Draper v. Coombs, 792 F.2d 915, 924 (9th Cir. 1986). To rule on the issue, the court should consider the following factors: (1) the possibility of prejudice to the plaintiff; (2) the merits of plaintiff's substantive claim; (3) the sufficiency of the complaint; (4) the sum of money at stake in the action; (5) the possibility of a dispute concerning material facts; (6) whether the default was due to excusable neglect; and (7) the strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the merits. Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986).