LBR 7055-1. DEFAULT

LBR 7055-1. DEFAULT

(a) Entry of Default. A request for the clerk to enter default must be supported by a
declaration establishing the elements required by F.R.Civ.P. 55(a), as incorporated into FRBP 7055, and a proof of service on the defaulting party.
(b) Motion for Default Judgment.
(1) Form of Motion. A motion for default judgment must state:
(A) The identity of the party against whom default was entered and the date of
entry of default;
(B) Whether the defaulting party is an infant or incompetent person and, if so, whether that person is represented by a general guardian, committee, conservator, or other representative;
(C) Whether the individual defendant in default is currently on active duty in the armed forces of the United States, based upon an appropriate declaration in compliance with the Servicemembers Civil Relief Act (Pub. L. 108-189) (50 U.S. Code App. §§ 501-594). When the individual defendant is the debtor, the party seeking the default may rely upon the debtor’s sworn statements contained in a statement of financial affairs, by following the appropriate procedure for requesting judicial notice of that
document pursuant to F.R.Evid. 201; and
(D) That notice of the motion has been served on the defaulting party, if required by F.R.Civ.P. 55(b)(2).
(2) Evidence of Amount of Damages. Unless otherwise ordered, if the amount claimed in a motion for judgment by default is unliquidated, the movant must submit
evidence of the amount of damages by declarations in lieu of live testimony.
Notice must be given to the defaulting party of the amount requested. Any
opposition to the amount of damages by the party against whom the judgment is
sought must be in writing and supported by competent evidence.
(3) Other Relief. Other proceedings necessary or appropriate to the entry of a
judgment by default may be taken as provided in F.R.Civ.P. 55(b)(2).
(4) Attorneys’ Fees.
(A) When a promissory note, contract, or applicable statute provides a basis for
the recovery of attorneys’ fees, a reasonable attorneys’ fee may be allowed in a default judgment. Subject to subsection (b)(4)(B), the reasonableness of the attorneys’ fee will be calculated based upon the amount of the judgment, exclusive of costs, according to the following schedule:
Amount of Judgment Attorneys’ Fees Award
$0.01 - $1,000 30% with a minimum of $250
$1,000.01 - $10,000 $300 plus 10% of the amount over $1,000
$10,000.01- $50,000 $1,200 plus 6% of the amount over $10,000
$50,000.01- $100,000 $3,600 plus 4% of the amount over $50,000
Over $100,000 $5,600 plus 2% of the amount over $100,000
(B) An attorney seeking fees in excess of the schedule may request in the motion for default judgment to have a reasonable attorneys’ fee fixed by the court. The court will hear the request and render judgment for such fee as the court may deem reasonable.
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