Entry of Default and Default Judgment
U.S. District Court for the District of Alaska
U.S. District Court for the District of Alaska
(a) Entry of Default. Motions for entry of default must include proof of service of the complaint per Fed. R .Civ. P. 4 and notice to appearing parties. (b) Judgment Following Default. (1) Attorney’s Fees.
For purposes of Fed. R. Civ. P. 55(b)(1), a claim for “reasonable attorney’s fees” is not a claim for a sum certain. (2) Supporting Evidence. Motions for judgment following entry of default must be supported by declarations and evidence establishing the right to relief, including but not limited to: (A) calculations supporting the amount of judgment; (B) relevant contract documents; (C) the facts supporting any claim for prejudgment interest, including the applicable interest rate and calculation of interest due, see 28 U.S.C. § 1961; (D) the facts supporting any claim for attorney’s fees, including the amount of fees sought, the actual time spent, and actual fees incurred; and (E) compliance with the Service Members Civil Relief Act, 50 USC §§ 3901-4043.
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