Local Rule LR 55.01: ENTRY OF DEFAULT AND DEFAULT JUDGMENT

LR 55.01 - ENTRY OF DEFAULT AND DEFAULT JUDGMENT Obtaining a default judgment under Fed. R. Civ. P. 55 involves two steps:

(1) Filing a motion for entry of default pursuant to Fed. R. Civ. P. 55(a).

(2) After the Clerk enters default, filing a motion for default judgment pursuant to Fed. R. Civ. P. 55(b)(1) or 55(b)(2).

(a) Entry of Default Pursuant to Fed. R. Civ. P. 55(a). A motion for entry of default must be accompanied by an affidavit or unsworn declaration under penalty of perjury under 28 U.S.C. § 1746 verifying the following:

(1) Proof of service. Provide details on how each alleged defaulting party was served under Fed. R. Civ. P. 4, including the date of service and a citation to the record showing that a proper return of service was filed.

(2) Failure to plead or otherwise defend. State that the party has failed to plead or otherwise defend as required by the rules.

(3) Age and competency. If the party is an individual, state that the party is not a minor or incompetent person.

(4) Military status. If the party is an individual, confirm that the individual is not in the military service, as required by 50 U.S.C. § 3931(b)(1). Attach documentation from the Defense Manpower Data Center or another reliable source to support this statement.

(b) Default Judgment Pursuant to Fed. R. Civ. P. 55(b). Motions for default judgment pursuant to Fed. R. Civ. P. 55(b) must:

(1) Specify the applicable rule. Indicate whether the motion is brought under Fed. R. Civ. P. 55(b)(1) or Fed. R. Civ. P. 55(b)(2).

(2) Include supporting evidence. Submit an affidavit or unsworn declaration under penalty of perjury, along with any relevant documentation, to support the requested damages or relief.

(3) Exclude requests for attorneys' fees. Do not include requests for attorneys' fees. Such requests must made separately in accordance with LR 54.01.