Local Rule LBR 7055-1: Default

LBR 7055-1. Default

(a) Request for Entry of Default. A party seeking entry of default must file a request substantially conforming to the local form (Request for Entry of Default and Declaration in Support). The declaration must identify the applicable provision authorizing service under Bankruptcy Rule 7004 or Fed. R. Civ. P. 4 and, if served in a place not within any judicial district of the United States, the specific authority for service under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents or other method of service.

(b) Judgment for Plaintiff. Unless the court orders otherwise, a plaintiff entitled to a judgment by default in an adversary proceeding, for a claim other than a sum certain pursuant to Fed. R. Civ. P. 55(b)(2), may obtain a judgment only by written motion and upon establishment of a prima facie case at a hearing, with notice of not less than 28 days to the defendant. The motion must be served on the defendant and, if represented by counsel, the defendant's attorney. Entry of default by the clerk must be made prior to or concurrently with the filing of the motion.