Local Rule LR 7055-1: Motions for Default Judgment

LR 7055-1 Motions for Default Judgment

(a) Motion and optional supporting memorandum. A party applying for entry of a default judgment by the clerk under Fed. R. Civ. P. 55(b)(1) or by the court under Rule 55(b)(2) (Fed. R. Bankr. P. 7055) must file a motion and may file a supporting memorandum. The motion and any memorandum must demonstrate by reference to legal authorities, alleged facts, and evidence submitted with the motion, if any, that establish the claim or right to relief for which entry of judgment is requested.

(b) Supporting evidentiary materials or request for evidentiary hearing. If the allegations of the pleading on which default judgment is sought are insufficient to support entry of judgment—including to determine the amount of damages or to prove all elements of the claims on which default judgment is requested—the party moving for entry of default judgment must file and serve either (1) Declarations or other evidentiary materials sufficient to establish a right to the relief requested or (2) a request for an evidentiary hearing accompanied by (i) a list of witnesses, with a brief description of their anticipated testimony, (ii) a list of exhibits, and (iii) the exhibits listed.

(c) Compliance with motion rules and required service under Rule 7004. Unless the court orders otherwise,

(1) a party moving for entry of a default judgment must file and serve the motion (with any supporting memorandum, Declarations, and evidentiary materials) and notice of an objection period of no fewer than 14 days in compliance with Local Rules 9013-1, 9013-2, and 9014-1; and

(2) service must be made in the manner provided for service of a summons and complaint under Fed. R. Bankr. P. 7004.

(d) Proposed order. Unless the party moving for default judgment has requested an evidentiary hearing or the court otherwise orders, the moving party must file a proposed order for default judgment in the manner provided in Local Rule 9014-2.