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1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

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UNITED STATES DISTRICT COURT
9 ________ DISTRICT OF _____________

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11 Any Plaintiff, ) Case No.


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12 Plaintiff, )
OPPOSITION TO MOTION TO VACATE
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JUDGMENT UNDER RULE 60(b)(1);
13 vs. )
MEMORANDUM OF POINTS AND
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AUTHORITIES; DECLARATION OF _________;
14 Any Defendant, and DOES 1-5 )
EXHIBITS
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Defendants. )
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) DATE:
) TIME:
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) PLACE
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OPPOSITION TO MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(1)
1 TO ______________________AND THEIR ATTORNEYS OF RECORD:
2 ____________ (_________), hereby submits their opposition to the Motion of
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_________, (___________), to vacate the judgment entered on ____________ on the grounds of
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mistake, inadvertence, surprise, or excusable neglect pursuant to Federal Rule of Civil Procedure
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60(b)(1) on the grounds that the moving party has failed to LIST HERE THE REASONS WHY

7 THE MOTION SHOULD BE DENIED SUCH AS THE MOVING PARTY DELAYED IN

8 FILING THE MOTION, CULPABLE CONDUCT BY THE MOVING PARTY RESULTED


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IN THE JUDGMENT, NO MERITORIOUS DEFENSE IS SHOWN AND YOU WOULD BE
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PREJUDICED IF THE JUDGMENT WERE SET ASIDE as more fully set forth in the
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Declaration of ____________________ and Exhibits attached thereto, concurrently filed and served
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13 herewith.

14 The Opposition shall be based on this Opposition, the attached Memorandum of Points and
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Authorities, the Declaration of ________________________and Exhibits attached thereto,
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concurrently filed and served, on the complete files and records of this action, and on such other oral
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and/or documentary evidence as may be presented at the hearing on the Motion.
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20 Dated________________ ________________________________________________________
ANY ATTORNEY OR PARTY
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22 Note that this opposition should be served and filed at least seven
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(7) calendar days before the hearing date unless a Local Rule or order
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25 of the Court states otherwise. See Federal Rule of Civil Procedure 6(c)
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27 (2).
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OPPOSITION TO MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(1)
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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This case arises out of: Add information here to inform the Court of the circumstances of
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the particular case, such as relationship between parties, etc.

7 Plaintiffs complaint alleges that: Add information here from the actual complaint such as

8 brief description of causes of action, facts alleged, etc.


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Defendants were served on _________, a default was entered on ________, and the default
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judgment was entered on ______________.
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Defendants have filed a motion to vacate the default and judgment on the grounds of
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13 mistake, inadvertence, surprise, or excusable neglect pursuant to Federal Rule of Civil Procedure

14 60(b)(1). The declaration of ________ submitted in support of the motion states that they discovered
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the default and judgment on or about ___________. The motion was filed on _________.
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Plaintiff opposes the motion on the grounds that the moving party has failed to LIST HERE
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THE REASONS WHY THE MOTION SHOULD BE DENIED SUCH AS THE MOVING
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19 PARTY DELAYED IN FILING THE MOTION, CULPABLE CONDUCT BY THE MOVING

20 PARTY RESULTED IN THE JUDGMENT, NO MERITORIOUS DEFENSE IS SHOWN AND


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YOU WOULD BE PREJUDICED IF THE JUDGMENT WERE SET ASIDE.
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OPPOSITION TO MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(1)
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OPPOSITION TO MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(1)