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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, )
NOTICE OF MOTION AND MOTION TO VACATE
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JUDGMENT; MEMORANDUM OF POINTS AND
13 vs. )
AUTHORITIES; DECLARATION OF_______;
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EXHIBITS
14 Any Defendant, and DOES 1-5m )
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Defendants. ) DATE:
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) TIME:
) PLACE
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NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(4)
1 PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the
2 above-entitled Court located at ___________________________, Defendant ___ will move this
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Court for an order vacating the judgment entered against them on _____ on the grounds that the
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judgment is void as this Court lacks jurisdiction due to insufficient service of process as more fully
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set forth in the declaration of ________ and Exhibits attached thereto.

7 This motion is made pursuant to Federal Rule of Civil Procedure 60(b)(4) (Rule 60) and

8 shall be based upon this notice, the attached Memorandum of Points and Authorities, the declaration
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of _________ and Exhibits attached thereto, the complete files and records of this action, and such
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other and further oral and documentary evidence as may be presented at the hearing on this Motion.
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13 Dated_________________________ _______________________________________
ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(4)
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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Plaintiffs filed suit against Defendants on or about ___________ alleging: Add some
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brief facts regarding the lawsuit such as breach of contract, etc. See
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Plaintiffs complaint on file.
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Default was entered against Defendant on _______________. A Default Judgment

10 was entered against Defendant on _______________. Put in the dates for each one,
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you can get the dates from the Court clerk.
13 Defendant contends the default and judgment are void as the Court lacked jurisdiction over
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them as they were never validly served as this Court should vacate the judgment pursuant to Federal
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Rule of Civil Procedure 60(b)(4).
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See the Declaration of _______________________ and Exhibits attached thereto filed and
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18 served concurrently and incorporated herein by reference.

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judgment-under-rule-60b4
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NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(4)