Local Rule L.R. 7055: Default Judgment.

L.R. 7055 - Default Judgment. A. Clerk's Entry of Default. A plaintiff seeking the Clerk of Court's entry of default must follow the procedures set forth in Fed. R. Bankr. P. 7055. To obtain the Clerk of Court's entry of default, the Court requires the filing of the following: 1. Request for Clerk of Court's entry of default; and 2. Affidavit or declaration under penalty of perjury pursuant to 28 U.S.C. § 1746 supporting entitlement to entry of default. Any affidavit or declaration must contain: a. Date of issuance of summons; b. Statement of whether the Court fixed a deadline for filing an answer or motion, or whether the 30 or 35 day limit applies; c. Date of service of the complaint; d. Date of filing of affidavit or return of service; e. Statement that no answer or motion has been received within the time limit fixed by the Court; f. Statement that the defendant is not in the military service (as required by the Soldier's & Sailor's Civil Relief Act, 50 U.S.C. § 3931); and g. Statement that the defendant is not an infant or an incompetent as required by Fed. R. Civ. P. 55(b)(1)). Any affidavit must be notarized by a notary public holding a current and valid commission. Any declaration must comply with the requirements of 28 U.S.C. § 1746. If the plaintiff is entitled to entry of default, the Clerk of Court's office will complete the entry of default and return a copy of the entry of default to the plaintiff.

B. Motion for Default Judgment. Any motion for default judgment must be accompanied by (1) the Clerk of Court's entry of default using Director's Form B 2600 (found through the link to Official Forms on the Court's web site), and (2) one or more affidavits in support of the motion. The plaintiff filing the motion for default must submit a proposed order via the Judge's e-mail (see the Procedures Manual for the Judges' e-mail addresses) at the time the motion is filed. The affidavit in support of the motion must contain the following: 1. date of issuance of the summons; 2. statement of whether the Court fixed a deadline for filing an answer or motion, or whether the thirty (30) or thirty-five (35) day limit applies; 3. date of service of the complaint; 4. date of filing of affidavit or return of service; 5. statement that the defendant is not in the military service (as required by the Soldier's and Sailor's Civil Relief Act, 50 U.S.C. § 3931); 6. statement that the defendant is not an infant or incompetent (as required by Fed. R. Civ. P. 55(b)(1)); and 7. other factual and legal elements necessary to support entry of judgment.

C. Service of Motion for Default Judgment. The movant must serve the motion for default judgment on the party against whom default is requested.

D. Hearing on Motion for Default Judgment. At the time of filing a motion for default judgment, the movant must set the motion for a hearing to take place after the motion's return date and serve notice of the hearing on the party against whom default is requested. The movant must attend the hearing and be prepared to offer evidence in support of the judgment.