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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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DEFAULT UNDER RULE 55(c); MEMORANDUM
13 vs. )
OF POINTS AND AUTHORITIES;
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DECLARATION OF _________; EXHIBITS
14 Any Defendant, and DOES 1-5 )
)
Defendants. ) DATE:
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) TIME:
) PLACE
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OPPOSITION TO MOTION TO VACATE DEFAULT UNDER RULE 55(c)
1 TO ______________________AND THEIR ATTORNEYS OF RECORD:
2 ____________ (“_________”), hereby submits their opposition to the Motion of
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_________, (“___________”), to vacate the default entered on ____________ pursuant to Federal
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Rule of Civil Procedure 55(c) on the grounds that the moving party has failed to LIST HERE THE
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REASONS WHY THE MOTION SHOULD BE DENIED SUCH AS THE MOVING PARTY

7 DELAYED IN FILING THE MOTION, CULPABLE CONDUCT BY THE MOVING PARTY

8 RESULTED IN THE DEFAULT, NO MERITORIOUS DEFENSE IS SHOWN AND YOU


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WOULD BE PREJUDICED IF THE DEFAULT WERE SET ASIDE as more fully set forth in
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the Declaration of ____________________ and Exhibits attached thereto, concurrently filed and
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served herewith.
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13 The Opposition shall be based on this Opposition, the attached Memorandum of Points and

14 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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19 Dated________________ ________________________________________________________
ANY ATTORNEY OR PARTY
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21 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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24 of the Court states otherwise. See Federal Rule of Civil Procedure 6(c)
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(2).
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OPPOSITION TO 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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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 Plaintiff’s 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 _________ and a default was entered on ________.
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Defendants have filed a motion to vacate the default pursuant to Federal Rule of Civil
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Procedure 55(c). The declaration of ________ submitted in support of the motion states that they
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13 discovered the default on or about ___________. The motion was filed on _________.

14 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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PARTY DELAYED IN FILING THE MOTION, CULPABLE CONDUCT BY THE MOVING
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PARTY RESULTED IN THE DEFAULT, NO MERITORIOUS DEFENSE IS SHOWN AND
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19 YOU WOULD BE PREJUDICED IF THE DEFAULT WERE SET ASIDE as more fully set forth

20 in the Declaration of ____________________ and Exhibits attached thereto, concurrently filed and
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served herewith.
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OPPOSITION TO MOTION TO VACATE DEFAULT UNDER RULE 55(c)