1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8
UNITED STATES DISTRICT COURT
9 ________ DISTRICT OF _____________

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, )
OPPOSITION TO MOTION TO VACATE
)
DEFAULT UNDER RULE 55(c); MEMORANDUM
13 vs. )
OF POINTS AND AUTHORITIES;
)
DECLARATION OF _________; EXHIBITS
14 Any Defendant, and DOES 1-5 )
)
Defendants. ) DATE:
15
) TIME:
) PLACE
16
)
)
17
)
)
18 )
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- 1 -
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
3
_________, (“___________”), to vacate the default entered on ____________ pursuant to Federal
4
Rule of Civil Procedure 55(c) on the grounds that the moving party has failed to LIST HERE THE
5

6
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

9
WOULD BE PREJUDICED IF THE DEFAULT WERE SET ASIDE as more fully set forth in
10
the Declaration of ____________________ and Exhibits attached thereto, concurrently filed and
11
served herewith.
12

13 The Opposition shall be based on this Opposition, the attached Memorandum of Points and

14 Authorities, the Declaration of ________________________and Exhibits attached thereto,

15
concurrently filed and served, on the complete files and records of this action, and on such other oral
16
and/or documentary evidence as may be presented at the hearing on the Motion.
17

18

19 Dated________________ ________________________________________________________
ANY ATTORNEY OR PARTY
20

21 Note that this opposition should be served and filed at least seven
22
(7) calendar days before the hearing date unless a Local Rule or order
23

24 of the Court states otherwise. See Federal Rule of Civil Procedure 6(c)
25
(2).
26

27

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OPPOSITION TO MOTION TO VACATE DEFAULT UNDER RULE 55(c)
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
This case arises out of: Add information here to inform the Court of the circumstances of
5

6
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.

9
Defendants were served on _________ and a default was entered on ________.
10
Defendants have filed a motion to vacate the default pursuant to Federal Rule of Civil
11
Procedure 55(c). The declaration of ________ submitted in support of the motion states that they
12

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
16
PARTY DELAYED IN FILING THE MOTION, CULPABLE CONDUCT BY THE MOVING
17
PARTY RESULTED IN THE DEFAULT, NO MERITORIOUS DEFENSE IS SHOWN AND
18

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
21
served herewith.
22
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OPPOSITION TO MOTION TO VACATE DEFAULT UNDER RULE 55(c)