Summary
If a defendant does not respond to a court-ordered motion in a California federal court, you can file a request for entry of default. This involves drafting a request for entry of default, citing the defendants non-response, and attaching proof such as the court order and proof of service. File this request with the court to seek a default judgment based on the defendants non-compliance. Check local court rules for any additional requirements.Full Conversation
California federal court
If the defendant fails to respond by the court-ordered deadline, you can:
- File a motion for default judgment due to the defendant's non-response.
- Check with the court clerk for any specific local procedures.
- Consider consulting with a lawyer for further assistance.
Would you like additional information on filing a motion for default judgment?
Yes
If you need to file a motion for default judgment in a California federal court, follow these steps:
- Draft a motion for default judgment, including supporting facts and legal arguments.
- File the motion with the court, along with proof of service on the defendant.
- Check the local rules of the specific federal district court for any additional requirements.
Would you like guidance on drafting the motion or information on court procedures?
Motion for default judgement of a default judgement?
It sounds like you might be asking if you can file a motion for default judgment when a default judgment has already been granted, potentially due to the defendant's continued non-response.
- Clarification Needed: Do you mean the defendant has failed to respond to a motion after a default judgment was granted, or are you looking to file a new motion due to their non-response?
I mean I've already asked for a default judgement via motion, the court ordered the defendant to respond to said motion but the defendant never did
If you have already filed a motion for default judgment and the court ordered the defendant to respond but they failed to do so, you should:
- File a request for entry of default with the court.
- Provide proof of the defendant's non-response.
- Ask the court to grant the default judgment based on their non-compliance.
Would you like more detailed steps on how to proceed with this request in a California federal court?
Yes
To proceed with a request for entry of default in a California federal court:
- Draft a request for entry of default, citing the defendant's non-response.
- Attach proof of the defendant's non-response (e.g., court order, proof of service).
- File the request with the court.
Would you like a sample template for drafting your request?
Yes
Case Rating: *.
To draft a request for entry of default in a California federal court, you can follow this template:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
United States District Court
[District Name]
[Address]
[City, State, ZIP Code]
Re: [Your Case Number]
[Plaintiff’s Name] v. [Defendant’s Name]
Dear Clerk of the Court,
I am writing to request the entry of default against the defendant, [Defendant’s Name], who has failed to respond to the court-ordered motion for default judgment dated [date of court order].
Enclosed, please find the following:
*. A copy of the court order dated [date].
*. Proof of service of the court order on the defendant.
*. Proof of the defendant's non-response.
I kindly request that the court grant the default judgment in favor of the plaintiff based on the defendant’s non-compliance.
Thank you for your attention to this matter.
Sincerely,
[Your Name]
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Would you like more assistance with this template or additional information on court procedures?