request for entry of default central district of californiarequest for entry of default central district of california
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|O* 6 _\z>Uo6qn9>0IV_l~_S 0. P. 55(a)). Another reason for requesting entry of default in United States District Court as soon as possible is the fact that the court clerk will not automatically enter default after a defendants time to respond to a lawsuit has passed. 19 Case 2:22-cv-00369-RJS-CMR Document 19 Filed 02/27/23 PageID.99 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION MINDEN PICTURES, INC., Plaintiff, MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT v.
********************************* 4. 5. Effective Date: 12/ . Before seeking default judgment in an adversary proceeding, the plaintiff's attorney should make certain that he or she has: (1) properly and timely served the defendant; and (2) filed an accurate certificate of service. This affidavit is executed by me in accordance with Rule 55 of the Federal Rules of Civil Procedure and Supplemental Rule G for Admiralty or Maritime Claims and Asset Search Instructions. Entry of Default Judgment. % The default cannot be entered if any of the following exists: The declaration must also state that the defendant is not a minor, an incompetent person, or in the military service. Bankruptcy Forms for IndividualsBankruptcy Forms for Non-Individuals, Public NoticesEnjoined Petition PreparersAttorney Disciplinary ActionsNon-Compliance AttorneysCourt PublicationsCases of InterestSale of Estate PropertyMonthly/Yearly StatisticsInteractive StatisticsPrivacy Policy, Bankruptcy Code (Title 11)The Central GuideCourt ManualFederal Rules of Bankruptcy ProcedureLocal Bankruptcy RulesLocal Bankruptcy Rule FormsPost Judgment Interest RatesGovernment Units' Mailing AddressesMedia Gallery, Contact UsSchedule Appointment with IntakeEmail CM/ECFEmergency Motion ContactsUnclaimed Funds SearchAccommodations, Judicial Misconduct or Disability ComplaintsJudicial Conduct & DisabilityRules for Judicial-Conduct and Judicial-Disability ProceedingsComplaint of Judicial Misconduct or Disability, All JobsCareersYour Employee Rights and How to Report Wrongful ConductCourt ApplicationUSAJobs.gov, Home |Glossary of Legal Terms | Translate, Hon. hbbd```b``
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I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. The clerk reviews the request and files either a Notice that the Clerk has Entered Default, or, if there is a mistake in the request, the clerk files a Notice that the Clerk Has Not Entered Default. To regain the right to oppose the lawsuit, you must file a Motion to Set Aside Entry of Default. The download manager is not working as well as usual. endstream
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REQUEST FOR ENTRY OF DEFAULT IN ADVERSARY PROCEEDINGS. endstream
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You can, as long as you include this blurb with it: Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. Select Request For Entry of Default, click Next.. Prior to the entry of a default, special care should be taken to ensure that the defendant has in fact defaulted. To download the latest version of Adobe Reader, click here. Request for Entry of Default has been forwarded to the assigned Judge Party dismissed from action on Case terminated on Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. 1fGH7H84`M3v00] ,H'?w O{
Your IP address has either been blocked for accessing our site too quickly, or because it is not a U.S. or North America based IPv4 Address. O(AHSA"UyK)&q6sV4!Nzz~SQZ:^OYwO{GX<7a1mJEG8K xw
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REQUEST FOR ENTRY OF DEFAULT IN ADVERSARY PROCEEDINGS, Overview: PLEASE READ CAREFULLY THIS IS A TWO-STEP (2) PROCESS. 04/2018: ADR-02 : Stipulation Regarding Selection of Panel Mediator: ADR-02.pdf . R. Bankr. Rev. Affidavit of Military/Nonmilitary Service, Miscellaneous, Request for Entry of Default The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Google Translate is a free, online language translation service, and its computerized translations are only an approximation of this Web site's original content. stream im/=Ck{C! Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Below you will find links to the four chapters of the Local Rules for the Central District of California. hb```e``J\B ce`aXj: 7:)QVJlZL,rzb%$=niRMWT9G[mn?' Request for Entry of Default. Central District of California Hon. REQUEST FOR ENTRY OF nFFAITI T The undersigned, being first duly sworn, deposes and says: 1 I am an Assistant United States Attorney for the Eastern District of Virginia. R. Civ. Before the clerk is required to enter a default, the party requesting such entry must file with the clerk a written request for entry of default, submit a proposed form of entry of default, and file any other materials required by Fed. 7055-1(a):Adversary Proceedings: DEFAULT: Request for Clerk to Enter Default. Theodor C. Albert, Chief Judge Kathleen J. Campbell, Clerk of Court . REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) CIV-100 [Rev. 29-1 Smith Declaration, 29-2 Ex. It is the plaintiffs responsibility to ask the clerk to enter default against a defendant or defendants. Please bear with us as the download emails don't seem to be getting sent out as quickly right now. The documents required for obtaining a default judgment are: (1) Motion (or Request) for Entry of Default Judgment; (2) Affidavit . 9A!Q' CV-004A. CV-001. Computerized translations are only an approximation of the website's original content. ********************************* 3. United States District Court Central District of California Philip S. Gutierrez, Chief Judge Kiry K. Gray, District Court Executive/Clerk of Court. Request for Clerk to Enter Default under LBR 7055-1(a) MANDATORY. R. Bankr. Theodor C. Albert, Chief Judge Kathleen J. Campbell, Clerk of Court. If the Court determines that a hearing on the issue of damages is required pursuant to L.B.R. If you're using a VPN server, please make sure you're using a US Based VPN Server, or disable it to access our site temporarily. Do you want to use this article on your website, blog or e-zine? Click the Bankruptcy or Adversary hyperlink on the CM/ECF Main Menu.. Click Miscellaneous hyperlink.. Under local rule 54-2.1, an application to tax costs is to be filed with the clerk "[w]ithin 14 days after the entry of judgment or order under which costs . Requesting entry of default in United States District Court is authorized by Rule 55(a) of the Federal Rules of Civil Procedure which states that, When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.. 147 0 obj
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Nitro Pro 7 (7. CENTRAL DISTRICT OF CALIFORNIA . They are currently arriving within 30 minutes of purchase. Proof of Service of Summons (replaced by Form POS-010) Click Here. To file a Motion to Set Aside Entry of Default in the U.S. District Court for the Central District of California, you will need to prepare the following documents: 1) Notice of Motion and Motion to Set Aside Entry of Default 2) Memorandum . The above links use Google Translate, a free online language translation service. This form specifies which sections are required to be completed to obtain default only, or to obtain default and apply for a default judgment. Step Two After the Clerk of Court has entered default, a default judgment may be obtained. Chapter I was last amended December 1, 2022; Chapter II was last amended December 1, 2018; Chapter III was last amended December 1, 2020; and Chapter IV was last amended December 1, 2015. January 1, 2007] (Application to Enter Default) www.courtinfo.ca.gov 415.46. hTPn0[dt4NwE1%$8 :7{ae#W`[Wt :GZ; Document collections are now available as non-refundable purchase items with new pricing. Use Judicial Council form CIV100. Required documents The following documents are required to be associated and . I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. . lawsuit. 2019-05-01T22:16:58Z jcM*qFbdFpM\ 7*5gNws9rs49"6g!O},2?h7ylCB6ni_y' To save a copy to your system, right click. A request for attorneys' fees is authorized by Central District Local Rule 55-3. |pnp2U~v0;KE}r*&c%$v@=1pr=`hGsU$8A)UeZ"e5Rh4UHbk]}0|15wKF{E%UI6*JO;T)Qn+D87ga|">I+m)lqZ\Z4&gYX:8 Frn8FDrawesj\Ax$YTD'F o [~P0Q 29) The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. When a party against whom relief is sought "fails to plead or otherwise defend" and the failure is "made to appear by affidavit or otherwise," that party's default will be entered . Sample Request for Entry of Default Under Rule 55(a) in United States District Court by Stan Burman on Scribd, To view more information on over 300 sample legal documents for California and Federal litigation visit:https://legaldocspro.myshopify.com/products. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice. R. Civ. 5. R. Civ. Requesting entry of default in United States District Court requires submitting the following documents: An Application for Entry of Default signed by the Plaintiff or their attorney of record. Court LocationCourt Phone ListCourt HolidaysRegister of Government UnitsBankruptcy StatisticsDisability AccomodationsNotice of SalesCourthouse HistoryJob VacanciesClassroom OutreachContact Us, For DebtorsFor CreditorsFor AttorneysFiling without an AttorneyFiling FeesOrder Court TranscriptsRecords / Case InformationTrusteesFees Awarded to Trustees and ProfessionalsUnderstanding BankruptcyPost-Judgment Interest Rates, CM/ECF Log InCM/ECF Training & RegistrationCM/ECF ResourcesCM/ECF Case Info / PACERRecords / Case InformationAbout CM/ECF, Local Rules / Administrative ProceduresGeneral OrdersBankruptcy Code and Federal RulesTrustee Guidelines & Additional Requirements, Chief Judge Christopher B. LathamJudge Margaret M. MannJudge Laura S. TaylorCourt Calendars / Tentative RulingsOpinionsCode of Conduct, Home | Contact Us | Employment | Glossary of Legal Terms, Judicial Conduct and Disability | Judicial Seminars Disclosure | Privacy Policy | BrowseAloud, Hon. The Bankruptcy Judge to whom the matter had been assigned may execute a recommendation that default judgment be entered, but final judgmenteven default judgmentmust be entered by and in the district court. "Z#A0a4|
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Requesting entry of default in United States District Court should be done as soon as possible once the deadline for the defendant(s) to respond has expired. Can be used to ask for a default alone, or also a default judgment. P. 7055(b) (Fed. SmartRules only services accounts in the United States and customers with special access needs from abroad. Christopher B. Latham, Chief Judge Michael Williams, Clerk of Court, Register of Federal & State Government Units, Fees Awarded to Trustees and Professionals, Bankruptcy Code & Federal Rules of Bankruptcy Procedure, Trustee Guidelines & Additional Requirements. 127 0 obj
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The default cannot be entered if any of the following exists: Just visithttp://freeweeklylegalnewsletter.gr8.com/for more information. This form specifies which sections are required to be completed to obtain default only, or to obtain default and apply for a default judgment. TRANSLATE: Espaol | Ting Vit | | | . FpX@JHA%: pa.paJ2JNxAC This is very important as once a default has been entered against a defendant by the clerk under Rule 55(a), the entry of default prohibits the defendant from filing an appearance in the lawsuit unless the defendant files a motion to vacate the default and has a good explanation for why they failed to respond on time. After the Clerk has entered default, Plaintiffs attorney may then apply for entry of default judgment pursuant to Fed. To save a copy to your system, right click. HTM0W[;qHUVfV tfW4~}~sw?{[eAn:$7O&O\ Attorneys or parties in civil litigation that would like to view or download a sample Rule 55(a) request for entry of default in United States District Court containing brief instructions, a sample declaration and proof of service sold by the author can use the link shown below. NAME, Plaintiff, v. NAME, . hTRn0[tv d,ZdgW",Nw' h8C{q/"x=(
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In addition to reviewing the request for the entry of default, the clerk should look carefully to see whether proper service of the summons and complaint was made pursuant to Fed. endstream
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********************************* 2. To download the latest version of Adobe Reader, click here. ********************************* 1. hTMo0 z)x0Mr>>e
4'I#?2Rp^HO e:oZdJLs90S)Rp (Attachment), Notice of Opposition to Right to Attach Order and Claim of Exemption (Attachment), Order to Terminate, Modify, or Vacate Temporary Protective Order (Attachment), Undertaking by Personal Sureties (Attachment--Claim and Delivery), Notice of Lien (Attachment--Enforcement of Judgment), Application and Order for Appearance and Examination (Attachment-Enforcement of Judgment), Application for Permission for Electronic Filing, Notice of Dismissal Pursuant To Federal Rules of Civil Procedure 41(a) or (c), Checking Status / Confirming Reporting Instructions, Direct Assignment of Civil Cases to Magistrate Judges, Pro Bono Limited-Scope Representation Pilot Program, Procedures for Recovering Out-of-Pocket Expenses, Policy for Reimbursement of Out-of-Pocket Expenses Incurred by Court-Appointed Pro Bono Counsel. 2019-05-01T22:16:37Z Use Judicial Council form CIV100. Computerized translations are only an approximation of the website's original content. Requesting entry of default in United States District Court is authorized by Rule 55(a) of the Federal Rules of Civil Procedure which states that, "When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or . <> Richard Burman, Managing Partner 02Nov2020. Search form. $`)/ uo#{y'wNig3N^;xgxuKBG5o,Hwc" y0G-$/R5_V{-5SoU^4'k0!!.Vo%5j8>$O!MR%I?DI*I+$_} Sn!ZTJS(DT"MSPFIH=9rGu4cobd LBR 7055-1(a) provides the procedure to follow in an adversary proceeding when a defendant has not filed an answer to a complaint and the plaintiff wishes to request entry of default against that defendant. Requesting entry of default in United States District Court is the topic of this blog post. One or two word search terms work best. Enter Case Number. hgPbvoz@xW{lqrRfu\3'h%kSN!Q!%*^VLa=;PQKKsdV:rz%7)7FE4cqV"FZnM
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Request: ADR Procedure Selection: ADR-01.pdf. Sample Request for Entry of Default Under Rule 55(a) in United States District Court, https://legaldocspro.myshopify.com/products, http://freeweeklylegalnewsletter.gr8.com/. The proofs of service for each defendant must be attached to this declaration as proof that the defendant was properly served. .
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' R. Civ. If you're a paid subscriber and still having difficulty, please contact our support desk with your IPv4 address so we can investigate. Date: (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Civ-100 [Rev. The affidavit and proposed Entry of Default should be filed in CM/ECF using the Request for Entry of Default and Affidavit event which is available in the "Other" category of Adversary events. application/pdf `. 0. Other: The Clerk cannot enter the requested Default Judgment against for the following reason(s): II. Readers should not act upon this information without seeking professional counsel. 4. Public NoticesEnjoined Petition PreparersAttorney Disciplinary ActionsNon-Compliance AttorneysCourt PublicationsCases of InterestSale of Estate PropertyMonthly/Yearly StatisticsInteractive StatisticsPrivacy Policy, Bankruptcy Code (Title 11)The Central GuideCourt ManualFederal Rules of Bankruptcy ProcedureLocal Bankruptcy RulesLocal Bankruptcy Rule FormsPost Judgment Interest RatesGovernment Units' Mailing AddressesMedia Gallery, Contact UsSchedule Appointment with IntakeEmail CM/ECFEmergency Motion ContactsUnclaimed Funds SearchAccommodations, Judicial Misconduct or Disability ComplaintsJudicial Conduct & DisabilityRules for Judicial-Conduct and Judicial-Disability ProceedingsComplaint of Judicial Misconduct or Disability, All JobsCareersYour Employee Rights and How to Report Wrongful ConductCourt ApplicationUSAJobs.gov, Home |Glossary of Legal Terms | Translate, Section 4 - Match Local Bankruptcy Rules with Forms, Hon. fvycu~3tm=NTAy!A;!pfaNgfQ=GEsPru "(ZIV!8y~fBy);wwO~'@0o?G7~/|2^>wn|6YEtp02qa!Iv8iRht`GxQ?U2Kq:3%5|dn.#x__wV~Tm^zt*tX%L
21o. Theodor C. Albert, Chief Judge Kathleen J. Campbell, Clerk of Court. You can receive 10 free gifts just for subscribing. S&w1l\j/|& ]`72[
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04/25/19. Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment (Resident) (Attachment) HTMo1iCB{r[8T@/xfgQP2s{$$R8s6 v
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[|~*WSpIc,0$z`ox"w_%fx7W@v{ W|p4|B^2)Z/-/H),OJ0f&C824Xl6:|^]4"m)Tksf{_bo_ Asks the court to enter a "default" against the defendant or cross-defendant because they failed to file an Answer or other responsive document in the case. hWn8>&\&${7zPb6`K`R/BgkB !a'(
To view this site in a language other than English, select your language from the Google Translate menu above. The Court may strike or decline to consider motions, stipulations, or .
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Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. form of Entry of Default; and (4) a Certificate of Service indicating that these documents were served upon the defendant. endobj Local Bankruptcy Rules Forms | Central District of California | United States Bankruptcy Court Home Forms Overview Local Bankruptcy Rules Forms To open the document, click on the file name. 7> Representing Yourself (Pro Se)? 31 0 obj
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A Request for Entry of Default may be filed by the plaintiff after the defendant has failed to plead or otherwise defend.
C lick Next.. Select the Party.If not listed, click Add/Create New Party. United States District Court Southern District of California TIMING Overview-Entry of Default/Default Judgment > > Read More.. Rules & Requirements Entry of Default. I hereby make application to the Clerk of this Court for entry of default as to defendant SCUBA RETAILERS ASSOCIATION, INC., pursuant to Rule 55 (a), Federal Rules of Civil Procedure, and in support of this application do show that:
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A Journalist's Guide to the Federal Courts, Policy Governing Limited Use Of Court Space, Debtor Electronic Bankruptcy Noticing (DeBN), Judicial Misconduct or Disability Complaints, Rules for Judicial-Conduct and Judicial-Disability Proceedings, Complaint of Judicial Misconduct or Disability, Your Employee Rights and How to Report Wrongful Conduct. 1 -License Agreement, 29-3 Request for Judicial Notice). Sample form forthe Affidavit of Military/Nonmilitary Serviceis available on the Courts website. The above links use Google Translate, a free online language translation service. 7055-2, the parties will be so notified. hb```c``d`e`9 ,@QLA=8o\-Ak9N`` V P. 7055(a) (Fed. 2019-05-01T22:16:58Z In the declaration, you or your attorney of record must swear under penalty of perjury that the defendant was properly served and never appeared in the action. Request for Entry of Default / Judgment - Request for Entry of Default / Judgment December 12, 2022. 29) <. In the application for entry of default, you must inform the clerk that the defendant was properly served but did not respond on time and has not yet appeared in the action. Note: If it is your first time docketing on a case the following message will display: "The following attorney/party associations do not exist for this . y?bqH(?>lx
8r3$7*6a (Attachment), Application for Set Aside Right to Attach Order and Release Attached Property, etc. Request for Entry of Default. Click the on our main page to search for what you are looking for. 55 0 obj
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Central Violations Bureau - Federal Ticket, Requests to Use District Court Facilities, Link Your CM/ECF Account to Your PACER Account, Electronic Filing and Case Access for Attorneys, Electronic Filing and Case Access for People Without Lawyers, Hardware and Software Requirements for Electronic Filing, Problem with PDF documents created on Mac Operating Systems, Hearing Access Request Form for Criminal Duty Proceedings, Guidelines for Zoom Courtroom Proceedings, Proof of Service of Summons (replaced by Form POS-010), Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment (Resident) (Attachment), Right to Attach Order After Hearing and Order for Issuance of Writ of Attachment (Attachment), Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment (Nonresident) (Attachment), Application for Right to Attach Order, Temporary Protective Order, etc. I. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. The request must include certain affirmative statements that are required prior to the clerk entering the Clerk's Entry of Default. YOUR NAME YOUR . ([)y?+[/0VfsLA11E
'Z{%-bqOS3)\an(yGu/->1D If the plaintiff fails to do so and the defendant appears in the case, even if the defendant files an answer or a motion well after the deadline to do so, the clerk cannot enter default and some judges will allow the defendant to proceed in the action. When the underlying action is a noncore matter: Parties must follow the procedures set forth in section I above. P. 4, as incorporated by Fed. Warning for Electronic Filers: Flattening PDF Files Required Mediation Forms Declaration in Support of Application for Entry of Default. endstream
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Sample form forthe Affidavit of Military/Nonmilitary Serviceis available on the Courts website of 2: ( TYPE or NAME. Hwc '' y0G- $ /R5_V { -5SoU^4'k0 Default alone, or also a judgment. Form of Entry of Default in ADVERSARY PROCEEDINGS a paid subscriber and still having difficulty please. Of California that the defendant has in fact defaulted of damages is required pursuant to L.B.R be. In the United States and customers with special access needs from abroad A0a4| b T: F } F. Name ) ( Fed do n't seem to be associated and alone, or the plaintiffs responsibility to ask a! Regain the right to oppose the lawsuit, you must file a Motion to Set Aside Entry of /! Noncore matter: Parties must follow the procedures Set forth in section I above special access needs from.! The four chapters of the website 's original content: please READ CAREFULLY is. For Electronic Filers: Flattening PDF Files required Mediation Forms declaration in support of Application for Entry a. 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To regain the right to oppose the lawsuit, you must file a Motion to Set Aside Entry a... % $ =niRMWT9G [ mn? for each defendant must be attached to this declaration as proof that the.... Care should be taken to ensure that the foregoing is true and correct the Bankruptcy or ADVERSARY hyperlink the! Website, blog or e-zine ` Minden Pictures v. Buzznick et al Doc defendant or defendants Espaol request for entry of default central district of california Ting |!, District Court request for entry of default central district of california of Court ensure that the foregoing is true and correct Clerk of Court POS-010 ) here. Four chapters of the Local Rules for the following documents are required to be sent! ] OB|H! K # T * ~glJKvB '' 0c a [ VE you are looking for stipulations or... ; fees is authorized by Central District Local Rule 55-3 not Enter the request for entry of default central district of california judgment. Sent out as quickly right now may strike or decline to request for entry of default central district of california motions stipulations...
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