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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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DEFAULT PURSUANT TO RULE 55(c);
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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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT UNDER RULE 55(c)
1 TO PLAINTIFF ________ AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the
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above-entitled Court located at ___________________________, Defendant ______ (“Defendant”)
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will move this Court set aside entry of default, for good cause, pursuant to Rule 55(c) of the Federal
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Rules of Civil Procedure on the grounds that the default was taken against them due to their mistake,

7 inadvertence, surprise, or excusable neglect as more fully set forth in the declaration of ________ and

8 exhibits attached thereto.


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This motion shall be based upon this notice, the attached memorandum of points and
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authorities, the attached declaration of ___________ and exhibits attached thereto, the complete files
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and records of this action, and such other and further oral and documentary evidence as may be
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13 presented at the hearing on this motion.

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Dated_________________________ _______________________________________
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Any Attorney or Party
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Be sure to check the local rules for your Court to determine if you
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must meet and confer with the other party before filing this motion.
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT UNDER RULE 55(c)
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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Plaintiffs filed suit against Defendant on or about ___________ alleging: Add some brief
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facts regarding the lawsuit such as breach of contract, etc. See Plaintiffs complaint on file.

7 The proof of service filed by Plaintiff alleges that Defendant was served on ___________with

8 the summons and complaint.


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Default was entered against Defendant on _______________.
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Defendant contends that they only heard about the complaint on ____________ when STATE
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HOW YOU FIRST BECAME AWARE OF THE COMPLAINT. See the declaration of
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13 _______________________ and exhibits attached thereto filed and served concurrently and

14 incorporated herein by reference.


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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT UNDER RULE 55(c)