Defaults and Default Judgments

U.S. District Court for the Southern District of Ohio

Rule Set: Local Rules of the U.S. District Court for the Southern District of Ohio

Rule: 55.1

Jurisdiction: SDOH

Bluebook Citation: S.D. Ohio L.R. 55.1

All Rules: S.D. Ohio Local Rules, complete index


Text

(a) If a party makes proper service of a pleading seeking affirmative relief but, after the time for making a response has passed without any response having been served and filed, that party does not request the Clerk to enter a default, the Court may by written order direct the party to show cause why the claims in that pleading should not be dismissed for failure to prosecute. (b) If a party obtains a default but does not, within a reasonable time thereafter, file a motion for a default judgment, the Court may by written order direct the party to show cause why the claims upon which default was entered should not be dismissed for failure to prosecute. (c) Nothing in this Rule shall be construed to limit the Court’s power, either under Fed. R. Civ. P. 41 or otherwise, to dismiss a case or one or more claims or parties for failure to prosecute. 27

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