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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

Plaintiff v. CIVIL AC TION NO.

Defendant

STANDING ORDER REGARDING MOTIONS FOR DEFAULT JUDGMENT

, D.J. A Notice of Default has been issued to the above named defendant(s) upon request of the plaintiff(s) in the above entitled action. In anticipation 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 party making a motion for default judgment shall comply with all the

requirements of Fed. R. Civ. P. 55 particularly those related to filing of affidavits. The moving party shall also submit an appropriate form of default judgment in the fashion of the draft order attached hereto as Appendix A. Such compliance shall be completed no later than 14 days after the filing of the motion itself; 2. Within the 14-day period for compliance by the moving party, the party against

whom default judgment is sought shall have an opportunity to file substantiated opposition to the default judgment motion and to request a hearing thereon; 3. The Court will take up the motion for default judgment on the papers at the

conc lusion of the 1 4 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 motion will be denied with prejudice to any renewal of such motion within six months of the denial. Any renewed motion for default judgment may not include a request for interest, costs or attorneys' fees in the matter nor will such relief be granted on any renewed motion for de fault;
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4.

Necessary and appropriate action with respect to this Standing ORDER shall be

taken by the moving party within 30 days of the date of the issuance of this ORDER. If for any reason the moving party cannot take necessary and appropriate action, that party shall file an affidavit describing the s tatus of this case an d show good cau se why ne cessary and ap propriate action with respect to this Standing ORDER cannot be taken in a timely fashion and further why this case should remain on the docket. Failure to comply with this paragraph will result in the entry of dismissal of the moving party's claims for want of prosecution.

By the Cou rt,

___________________________________ Depu ty Clerk Dated:_________________

(Default Standing Order.wpd - 12/98)

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Appendix A UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

Plaintiff(s)

v.

CIVIL ACTION NO.

Defendan t(s)

FORM OF DEFAULT JUDGMENT , D.J. Defendan t action and its default having been entered, Now, upon application of plaintiff and affidavits demonstrating that defendant owes plaintiff the sum of $ that defendant is not an infant or havin g failed to plea d or oth erwis e defen d in this

incompetent person or in the military service of the United States, and that plaintiff has incurred costs 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 $ amoun t of $ to and prejudg ment interest at the rate o f in the amou nt of $ with interest as provided by law. , with costs in the % from

for a total judgmen t of $

By the Cou rt, Dated: Depu ty Clerk

NOTE: The post judgment interest rate effective this date is

%.

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