Standing Order Re-Motions For Default Judgment Form. This is a Massachusetts form and can be use in District Court Federal.
Tags: Standing Order Re-Motions For Default Judgment, Massachusetts Federal, District Court
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Plaintiff v. CIVIL AC TION NO. Defendant STANDING ORDE R REGARDIN G MOTIONS FOR DEFAULT JUDGMENT , D.J. A Noti ce of Def ault ha s been is sued to t he above named de fendant( s) upon r equest of the plain tiff(s) in the above entit led act ion. In anticipat ion of a Motion for Entry of Default Judgment being filed, counsel are advised of the following requirements for submissio n of such m otion in order to en sure com pliance with Rule 55 of the Federal Rules of Civil Procedure: l. A part y making a motion fo r defau lt j udgment shal l comply with al l the requir ements of F ed. R. Civ. P. 55 part icula rly those r elate d to fi ling of affidavits . The moving party shall also submit an appropriate f orm of default judgment in the fas hion of the draft or der attached hereto as Appendix A . Such compliance shall be completed no l ater than 14 days aft erthe filing of the motion itself; 2. Within the 14-day peri od for compliance by the moving party, the party against whom default judgment i s sought sh all h ave an oppor tunit y to fi le subst antia ted opposi tion t o thedefaul t judgment motion and t o request a heari ng there on; 3. The Court wil l take up the moti on for de fault judgment on t he papers at the conc lusion of the 14 day p eriod. S hould the m otion f or defa ult judg men t at that tim e fail to co mply with Fed. R. Civ. P. 55, the moti on will be denie d with pre judic e to any renewal of such moti on within six months of the denial . Any renewed motion for defaul t judgment may not include a request for interes t, cos ts or a ttorne ys f ees in t he matter nor wil l such r elie f be gra nted on any renewed motion for de fault; [procodfltjgm.] >>>> 2 4. Necessar y and appr opriat e acti on with re spect t o this Standin g ORDER shall betaken by the moving pa rty wi thin 30 days of the dat e of the issuanc e of thi s ORDER. If for any reason the moving party cannot take necessar y and appropriate acti on, that party shall fi le an affidavit describing the s tatus of this case an d show good cau se why ne cessary and ap propriateactio n with re spect t o this Standin g ORDER cannot be t aken in a timel y fashi on and fur ther why this c ase shoul d remain on the docke t. Fai lure t o comply wit h this paragr aph will resul t in the entry of dis missal of the movi ng party s cl aims for want of pr osecuti on. By the Cou rt, ___________________________________ Depu ty Clerk Dated:_________________ (Default Standing Order.wpd - 12/98) [procodfltjgm.] 2 >>>> 3 Appendix A UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Plaintiff(s) v. CIVIL ACTI ON NO. Defendan t(s) FORM OF DEFAULT JUDGMENT , D.J. Defendan t havin g failed to plea d or oth erwis e defen d in thisactio n and it s defaul t having been ente red, Now, upon application of plainti ff and affidavi ts demonstrating that defendant owes plaintiff the sum of $ that de fendant is not an infa nt orincompetent person or in the mili tary servi ce of the United States, and that plainti ff has incurredcosts in the sum of $ . It is hereby ORDE RED, ADJU DGED AND DEC REED th at plaintiff recover from de fendant the principal amo unt of $ , with c osts i n theamoun t of $ and prejudg ment interest at the rate of % from to in the amou nt of $ for a total judgmen t of $ with interest a s provided by law. By the Cou rt, Dated: Depu ty Clerk NOTE: The post judgment interest rate eff ective this dat e is %. 3