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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
UNITED STATES DISTRICT COURT
________ DISTRICT OF _____________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
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Case No.
NOTICE OF MOTION AND MOTION TO VACATE
DEFAULT PURSUANT TO RULE 55(c);
MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF
_____________; EXHIBITS
DATE:
TIME:
PLACE
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT UNDER RULE 55(c)

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TO PLAINTIFF ________ AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the
above-entitled Court located at ___________________________, Defendant ______ (“Defendant”)
will move this Court set aside entry of default, for good cause, pursuant to Rule 55(c) of the Federal
Rules of Civil Procedure on the grounds that the default was taken against them due to their mistake,
inadvertence, surprise, or excusable neglect as more fully set forth in the declaration of ________ and
exhibits attached thereto.
This motion shall be based upon this notice, the attached memorandum of points and
authorities, the attached declaration of ___________ and exhibits attached thereto, the complete files
and records of this action, and such other and further oral and documentary evidence as may be
presented at the hearing on this motion.
Dated_________________________ _______________________________________
Any Attorney or Party
Be sure to check the local rules for your Court to determine if you
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)

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MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF FACTS
Plaintiffs filed suit against Defendant on or about ___________ alleging: Add some brief
facts regarding the lawsuit such as breach of contract, etc. See Plaintiffs complaint on file.
The proof of service filed by Plaintiff alleges that Defendant was served on ___________with
the summons and complaint.
Default was entered against Defendant on _______________.
Defendant contends that they only heard about the complaint on ____________ when
STATE HOW YOU FIRST BECAME AWARE OF THE COMPLAINT. See the declaration of
_______________________ and exhibits attached thereto filed and served concurrently and
incorporated herein by reference.
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default-under-rule-55c-in-united-states-district-court
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT UNDER RULE 55(c)