Local Rule 7055-1: DEFAULT

RULE 7055-1. DEFAULT A. A party seeking default judgment shall file (1) a Request for Entry of Default and (2) a Motion for Default Judgment. The movant shall also submit to the Court, but not file, a proposed Default Judgment.

1. Entry of Default. A party seeking entry of default pursuant to Rule 55(a) of the Federal Rules of Civil Procedure shall file a Request for Entry of Default by the Clerk (see Local Form 7055-1A), which shall be accompanied by an affidavit setting forth:

a. The date of issuance of the summons;

b. The date of service of the complaint;

c. The date of filing of an affidavit of service;

d. The date a responsive pleading was due by virtue of Bankruptcy Rule 7012 and extensions of time, if any, granted to the defendant;

e. A statement that no answer or motion was received within the time permitted by Bankruptcy Rule 7012 and any extensions of time granted to the defendant;

f. A statement, pursuant to Bankruptcy Rule 55(b)(1) of the Federal Rules of Civil Procedure, that the party against whom default is requested is not an infant or incompetent person; and g. A statement, pursuant to the Servicemembers Civil Relief Act, 50 U.S.C.A. App. § 521,

(1) declaring whether or not the defendant is in the military service and supplying necessary facts to support the declaration; or

(2) declaring that the plaintiff is unable to determine whether the defendant is in the military service.

2. Motion for Default Judgment. A motion for default judgment shall state the factual basis upon which the plaintiff relies to prove each element of each claim for which a default judgment is requested. The Court will determine whether judgment should be entered and may set the matter for hearing in order to make such determination. See Local Form 7055-1B.

B. Proposed Form of Default Judgment. A proposed Default Judgment shall be submitted to the Court pursuant to Local Rule 9072-1(B). See Local Form 7055-1C.