(1984) 155 Cal.App.3d 381, 385-86.) Most importantly, however, a default judgment provides your client the opportunity and ability to preserve all relief sought against that party. In California, entry of default completely cuts off a party’s right to appear in the action ( e.g., take discovery, file motions other than a motion for relief from default or contest the material allegations of the complaint for purposes of the action). Obtaining default against a party that has chosen to simply ignore your client’s lawsuit provides your client with many procedural advantages. The first step to preserve your client’s rights is to obtain a default judgment. As a result, it is critical to know what procedures we must follow in order to preserve our clients’ rights. Berhold, do hereby certify that the statements and allegations set forth in the foregoing Motion and the accompanying Memorandum are true and accurate to the best of our knowledge and belief.In these tough economic times, more and more companies are finding it easier to simply ignore litigation rather than face huge costs and expenses fighting lawsuits.
§ 1, as provided in the proposed Final Judgment filed contemporaneously with this Motion.
WHEREFORE, plaintiff prays that this Court enter a judgment of default against defendant, and that defendant be enjoined and restrained from violating Section 1 of the Sherman Act, 15 U.S.C. Pursuant to the provisions of Rule 55(b)(2), Federal Rules of Civil Procedure, this Court is empowered to enter a default judgment against the defendant for relief sought by plaintiff in its complaint, and written notice of this action has been given to defendant as set forth in the attached affidavit. No response to said letter has been received by the United States.Ĥ.ĝefendant has failed to plead or otherwise defend this action, and the United States is entitled to judgment by default against defendant.ĥ. A copy of said letter is attached hereto as Exhibit 3 and is incorporated herein by reference. Estabrook, Executive Director of defendant, of the United States' intention to petition this Court for entry of a default judgment against defendant. On March 8, 1996, after more than twenty days, excluding the Birthday of Martin Luther King, Jr., had elapsed since the service of said Complaint and Summons upon defendant, and no Answer thereto having been served by defendant upon the United States, the United States notified James R. A copy of the Process Receipt and Return and Summons is attached hereto as Exhibit 2 and is incorporated herein by reference.ģ. Estabrook's place of business located at 59 Washington Street, Somerville, Massachusetts. Estabrook, Executive Director of defendant, at Mr. On February 13, 1996, a copy of said Complaint and a Summons in a Civil Action were served by the United States Marshals Service upon James R. A copy of said Complaint is attached hereto as Exhibit 1 and is incorporated herein by reference.Ģ. On January 30, 1996, the United States filed in the United States District Court, Southern District of Florida, Fort Lauderdale Division, a Complaint alleging certain anticompetitive practices by defendant in violation of Section 1 of the Sherman Act, 15 U.S.C. The undersigned counsel, on behalf of plaintiff, the United States of America, move this Court for entry of a default judgment as to defendant Scuba Retailers Association, Inc., upon the complaint heretofore filed and served upon the defendant, in accordance with the provisions of Rule 55(b)(2), Federal Rules of Civil Procedure, and in support thereof shows the Court the following.ġ. For an official signed copy, please contact the Antitrust Documents Group.
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