COSTS - TAXATION/PAYMENT

District Local Rules 54.1 and 54.2 apply to motions for attorney’s fees and the taxation of costs, respectively, in adversary proceedings. Advisory Committee Notes 2023 Amendment The title of the rule was revised to more accurately describe the text of the rule. Advisory Committee Notes 2020 Amendment The amended rule includes one substantive change, removing the original 30-day time period for taxing costs and the filing of fee motions. In its place, the current rule confirms that the standard District Local Rules will apply, which provide procedural requirements in addition to timing details.

Of particular note is the standard time period under the District Local Rules, as of the time of this amendment, is fourteen (14) days from the entry of judgment or closing of the case. This reflects a significant reduction in the time period under the previous local rule but is now more consistent with standard federal practice. 82 RULE 7055-1 DEFAULT (A) When a party fails to respond after being timely served with a summons and complaint, cross-complaint, or third-party complaint, the party that filed the complaint shall seek entry of a Clerk’s default and default final judgment. A party seeking entry of a Clerk’s default shall file a motion that states: (1) Upon whom, how, and when service was made, with reference to the applicable Bankruptcy Rule; (2) The date on which a responsive pleading was due; (3) That no extension of time was sought or obtained by the adverse party; and (4) That the movant seeks an entry of a Clerk’s default.

(B) The party seeking a judgment by default shall: (1) File a verified motion or a motion with a sworn affidavit attached, requesting entry of a default final judgment and containing facts in support of the allegations set forth in the complaint, cross-complaint, or third-party complaint; (2) File an affidavit of non-military service (where applicable); and (3) Submit a proposed order granting the motion for entry of default final judgment; and a proposed final judgment. Advisory Committee Notes 2023 Amendment The amended rule includes only stylistic changes for purposes of internal consistency and/or to correct grammatical errors. 83 2020 Amendment The amended rule includes only stylistic changes. The format of subdivisions is changed to maintain a consistent style across all rules.

Additional changes are intended to improve readability.