Local Rule Rule 55.1: Entry of Default and Default Judgment

Rule 55.1 Entry of Default and Default Judgment

(a) Entry of Default by Clerk.

To obtain an entry of default pursuant to Fed. R. Civ. P. 55(a), a party must file a motion for entry of default and a proposed order. The movant shall serve, in the manner provided in Fed. R. Civ. P. 5, any party who has failed to appear and all other parties with the motion for entry of default and proposed order. Such service shall also be made on any attorney the movant knows, or reasonably should know, represents the party against which default is sought. The motion shall be supported by an affidavit that describes with specificity how each allegedly defaulting party was served with process in a manner authorized by Fed. R. Civ. P. 4 and provides the date of such service. Following the 21-day response time provided under Local Civil Rule 7.1(f)(1), the motion shall be submitted to the presiding judge if it is opposed or if the allegedly defaulting party has filed a responsive pleading. Otherwise, the motion shall be referred to the clerk and if the clerk is satisfied that the movant has effected service of process, the clerk shall enter a default.

(b) Default Judgment.

(1) General Requirements. Any motion for default judgment shall be served on every party who has appeared in the action and be supported by an affidavit stating that each party against which judgment is sought is not an infant, an incompetent person, or in the military service of the United States as defined in the Servicemembers Civil Relief Act of 2003, as amended.

(2) By the Clerk. A motion seeking default judgment pursuant to Fed. R. Civ. P. 55(b)(1) shall be accompanied by a proposed order and the supporting affidavit. If a party files a motion for default judgment prior to entry of default, the movant must also serve the party against which default is sought pursuant to subsection (a) of this rule. The supporting affidavit shall show:

(A) the facts that establish a failure to answer or otherwise defend by the party against which judgment is sought;

(B) the principal amount due, giving credit for any payments and showing the amounts and dates of payment;

(C) the information enabling the principal amount due to be calculated as a sum certain, if it is not already a sum certain;

(D) the information needed for the computation of the interest to the date of judgment;

(E) the proposed post-judgment interest rate and the reasons for using it if the movant claims that a post-judgment interest rate other than that provided by 28 U.S.C. § 1961 applies; and

(F) the amount of any costs claimed.

Additionally, if the claim is based on a contract, the movant shall cite the relevant contract provisions in the motion for default judgment or supporting memorandum, if any, and file a copy of the contract as an attachment to the motion for default judgment. The clerk may submit any motion for default judgment to the presiding judge for review.

(3) By the Court. A motion seeking default judgment pursuant to Fed. R. Civ. P. 55(b)(2) shall include the docket entry number of the clerk's entry of default.