[COURT NAME]
[DIVISION] DIVISION

[PLAINTIFF NAME(S)], §
§
Plaintiff[s], §
§ CIVIL ACTION NO. [CASE NO.]
v. §
§
[DEFENDANT NAME(S)], §
§
Defendant[s]. §
________________________________________________§______________________________________________

[PLAINTIFF] MOTION FOR DEFAULT JUDGMENT
________________________________________________________________________________________________

[// GUIDANCE: Insert any required local-rule header language here.]

NOTICE OF MOTION AND MOTION

PLEASE TAKE NOTICE that on [HEARING DATE] at [TIME], or as soon thereafter as counsel may be heard, Plaintiff [PLAINTIFF NAME] will and hereby does move the Court for entry of default judgment against Defendant [DEFENDANT NAME] pursuant to Fed. R. Civ. P. 55.

☑ Clerk's Entry of Default entered on [DATE] (Dkt. [NO.]).

This motion is based on the accompanying memorandum, declarations, exhibits, and the pleadings on file.

MEMORANDUM OF POINTS AND AUTHORITIES

I. Introduction

Defendant has failed to plead or otherwise defend this action. Default has been entered, and Plaintiff is entitled to default judgment.

II. Procedural Background

• Service of process: [DATE] via [METHOD], proof filed at Dkt. [NO.].
• Time to respond expired: [DATE].
• Clerk's Entry of Default: [DATE].

III. Legal Standard

After entry of default, the Court may enter default judgment under Rule 55(b). The Court may consider whether the allegations state a claim, the sufficiency of service, and the appropriateness of the requested relief.

IV. Argument

A. Proper service and failure to respond.
Service was proper under [RULE/STATUTE], and Defendant failed to respond within the time allowed.

B. The complaint states viable claims.
The well-pleaded allegations are deemed admitted and establish liability for [CLAIMS].

C. Damages and relief are supported by evidence.
Plaintiff seeks the following relief supported by declarations and exhibits:

If a hearing is required, Plaintiff requests a prove-up hearing on damages and fees.

V. Requested Relief

Plaintiff respectfully requests that the Court:
1. Enter default judgment against Defendant [NAME].
2. Award damages in the total amount of $[TOTAL].
3. Award attorneys' fees and costs as permitted by law.
4. Grant such other relief as the Court deems just.

CONCLUSION

For the foregoing reasons, Plaintiff requests entry of default judgment.

Respectfully submitted,

text
Dated: [DATE]

______________________________
[ATTORNEY NAME]
[LAW FIRM]
[ADDRESS]
[PHONE]
[EMAIL]
Attorney for Plaintiff

CERTIFICATE OF SERVICE

I certify that on [DATE], I served the foregoing Motion for Default Judgment on all counsel of record via [METHOD OF SERVICE] in compliance with Fed. R. Civ. P. 5.

text
______________________________
[ATTORNEY NAME]

[PROPOSED] JUDGMENT

The Court, having considered Plaintiff's Motion for Default Judgment and the supporting materials, ORDERS and ADJUDGES as follows:
1. Default judgment is entered in favor of Plaintiff and against Defendant [NAME].
2. Plaintiff is awarded damages in the amount of $[TOTAL], plus post-judgment interest at the statutory rate.
3. Plaintiff is awarded attorneys' fees in the amount of $[AMOUNT] and costs in the amount of $[AMOUNT].

IT IS SO ORDERED.

Dated: [DATE]

______________________________________
[JUDGE NAME]
United States District Judge