request for entry of default central district of california

P. 7012 (a); The affidavit or affirmation should be filed with the court and must have a completed proposed Entry of Default (Form 2600) attached. Below you will find links to the four chapters of the Local Rules for the Central District of California. Entry of Default Judgment. 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. im/=Ck{C! 132 0 obj hbbd```b`` "@$Sd k@$c?XR0[E*4" . You will likely need to file more than once to win your case in court. R. Civ. 131 0 obj 2. 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 the underlying action is a noncore matter: Parties must follow the procedures set forth in section I above. 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. Use Judicial Council form CIV100. Declaration in Support of Application for Entry of Default. 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. 31 0 obj <> endobj 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. Select the Party.If not listed, click Add/Create New Party. Sample form forthe Affidavit of Military/Nonmilitary Serviceis available on the Courts website. To view this site in a language other than English, select your language from the Google Translate menu above. Minden Pictures v. Buzznick et al Doc. Overview. endstream endobj 103 0 obj <>stream hmo8|ln' 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. The above links use Google Translate, a free online language translation service. SmartRules only services accounts in the United States and customers with special access needs from abroad. Affidavit of Military/Nonmilitary Service, Miscellaneous, Request for Entry of Default REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) CIV-100 [Rev. II. 04/25/19. 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. 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 . Theodor C. Albert, Chief Judge Kathleen J. Campbell, Clerk of Court . jcM*qFbdFpM\ 7*5gNws9rs49"6g!O},2?h7ylCB6ni_y' C lick Next.. Search form. YOUR NAME YOUR . ?im 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. Request for Entry of Default. 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 . P. 55(a). %%EOF After the Clerk has entered default, Plaintiffs attorney may then apply for entry of default judgment pursuant to Fed. 7055-2, the parties will be so notified. 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 . January 1, 2007] (Application to Enter Default) www.courtinfo.ca.gov 415.46. ;>)m2\$=.pd`F){}WP"3[m(E;$}Q"6iJ&j[]'Zfx3&%uIZq3,])u%M.xEI7]Vb4/GJ:?3=iksS^q*rXazH5wXeq>"%YyD}[ND}L>\^mDeYEeA!bFw+%i-q6hmQ^bHkg [ Required documents The following documents are required to be associated and . 0 %%EOF Overview: PLEASE READ CAREFULLY THIS IS A TWO-STEP (2) PROCESS 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. Get form CIV-100 Effective: January 1, 2023 View CIV-100 Request for Entry of Default (Application to Enter Default) form 7(myOc` #8}]; :&bDs@`!t,E :0o+\-h(ddKXif]#)qBrp|L' $w=y6CdM.1} Can be used to ask for a default alone, or also a default judgment. Summons (replaced by Form AO-440) Click Here. uuid:4765632e-97e1-4a4c-8ec4-f5186a5fab96 endstream endobj 106 0 obj <>stream Miscellaneous, Affidavit, Home | Contact Us | Employment | Glossary of Legal Terms | FAQs, PLEASE READ CAREFULLY THIS IS A TWO-STEP (2) PROCESS, Honorable Henry W. Van Eck, Chief Judge | Terrence S. Miller, Clerk, Electronic Evidence Presentation System (EEPS), Employee Rights | Reporting Wrongful Conduct, Get Court Notices and Orders by Email (DeBN), Electronic Document Submission System (EDSS), Retrieving Copies of Case Files & Case Documents & Archives Requests, Restriction of Public Access in PACER to Documents in Cases Filed Prior to December 1, 2003. application/pdf Readers should not act upon this information without seeking professional counsel. Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment (Resident) (Attachment) HTMo1iCB{r[8T@/xfgQP2s{$$R8s6 v =nxv&|E.t|n9zbln6xf#y`eb [|~*WSpIc,0$z`ox"w_%fx7W@v{ W|p4|B^2)Z/-/H),OJ0f&C824Xl6:|^]4"m)Tksf{_bo_ I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Theodor C. Albert, Chief Judge Kathleen J. Campbell, Clerk of Court. 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. Richard Burman, Managing Partner 02Nov2020. 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. P. 7055(a) (Fed. 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. A Request for Entry of Default may be filed by the plaintiff after the defendant has failed to plead or otherwise defend. hTPn0[dt4NwE1%$8 :7{ae#W`[Wt :GZ; |pnp2U~v0;KE}r*&c%$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 endstream endobj startxref Before courts decide whether to grant default judgment, Federal Rule of Civil Procedure 55(b)(2) requires the Clerk's entry of default. P. 7055(b) (Fed. % 1fGH7H84`M3v00] ,H'?w O{ R. Bankr. Do you want to use this article on your website, blog or e-zine? S&w1l\j/|& ]`72[ 3 L+ Search Instructions. 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. 5. (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. $`)/ uo#{y'wNig3N^;xgxuKBG5o,Hwc" y0G-$/R5_V{-5SoU^4'k0!!.Vo%5j8>$O!MR%I?DI*I+$_} Sn!ZTJS(DT"MSPFIH=9rGu4cobd 2019-05-01T22:16:58Z %PDF-1.4 Signature Required Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name or by a party personally if the party is unrepresented. R. Civ. P. 55(b)(2)) using the procedures described below. hbbd```b``"A$R fkI VoHVE09Lf`r 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. Warning for Electronic Filers: Flattening PDF Files Required Mediation Forms I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. CV-001. 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. 99 0 obj <> endobj Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. Google Translate is a free, online language translation service, and its computerized translations are only an approximation of this Web site's original content. When the underlying action is a core matter: In order to obtain a default judgment, the attorney for the plaintiff is to file: (1) an Application for Entry of Default Judgment addressed to the clerk of court; (2) appropriate motion/application to the Court for Judgment by Default (which should indicate whether the party against whom default is sought is an infant or incompetent); and (3) an Affidavit of Military/Nonmilitary 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. ********************************* 4. P. 4, as incorporated by Fed. Representing Yourself (Pro Se)? <> 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. If you're a paid subscriber and still having difficulty, please contact our support desk with your IPv4 address so we can investigate. ********************************* 2. 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. NAME, Plaintiff, v. NAME, . endstream endobj 104 0 obj <>stream 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. The declaration must also state that the defendant is not a minor, an incompetent person, or in the military service. 0. be filed as a separately docketed attachment to the main docket entry with a description of the attachment (e.g., Dkt. Computerized translations are only an approximation of the website's original content. "(ZIV!8y~fBy);wwO~'@0o?G7~/|2^>wn|6YEtp02qa!Iv8iRht`GxQ?U2Kq:3%5|dn.#x__wV~Tm^zt*tX%L 21o. January 1, 2020] Page 2 of 2. Just visithttp://freeweeklylegalnewsletter.gr8.com/for more information. Computerized translations are only an approximation of the website's original content. 29) `. hb```c``d`e`9 ,@QLA=8o\-Ak9N`` V A Journalist's Guide to the Federal Courts, Policy Governing Limited Use Of Court Space, Debtor Electronic Bankruptcy Noticing (DeBN), Section 1 - Common Bankruptcy Procedures & Information, Section 2 - Serving Documents & Giving Notice, Section 3 - Judges' Procedures -- Judges' Webpages, Request for Clerk to Enter Default under LBR 7055-1(a), FRBP 7055 -- Entry of Default, Default Judgment, Proposed Local Bankruptcy Rule Amendments for Public Comment November 1, 2021, through November 24, 2021, 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, A request must be filed along with a supporting declaration -- the court provides a, A hearing is not required, but the plaintiff must file a. Rev. 0. Request for Clerk to Enter Default under LBR 7055-1(a) MANDATORY. U|Jm&Y]S@+RnD_j[R(>/CcrAxVW> LH.S!,2WE;IKw\SRT)G$#DSQ(U;he14M_\m`&>(Mv`0 ^6yG#MIzlE!e{+)L:c;tu=8k FucW[^St8p( -+DK{lW-.+9.5RPmZZdgV. 2019-05-01T22:16:58Z United States District Court Central District of California Philip S. Gutierrez, Chief Judge Kiry K. Gray, District Court Executive/Clerk of Court. stream 7055-1(a):Adversary Proceedings: DEFAULT: Request for Clerk to Enter Default. 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. 0 To save a copy to your system, right click. -1!o7! ' Click the Bankruptcy or Adversary hyperlink on the CM/ECF Main Menu.. Click Miscellaneous hyperlink.. ,B?t,'*~ VJ{Awe0W7faNH >dO js The proofs of service for each defendant must be attached to this declaration as proof that the defendant was properly served. Once the time to answer has expired, he or she may seek entry of default pursuant to Fed. REQUEST FOR ENTRY OF DEFAULT IN ADVERSARY PROCEEDINGS. 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. 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. This form specifies which sections are required to be completed to obtain default only, or to obtain default and apply for a default judgment. Effective Date: 12/ . Theodor C. Albert, Chief Judge Kathleen J. Campbell, Clerk of Court. %PDF-1.5 % R. Civ. 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/. 127 0 obj <>/Filter/FlateDecode/ID[<4DE9B398F3F55C94AFA36DDE6D5791B8><9196C4F412C0844C860E2E26C0DFDA2E>]/Index[99 49]/Info 98 0 R/Length 124/Prev 203338/Root 100 0 R/Size 148/Type/XRef/W[1 3 1]>>stream "Z#A0a4| b t:F}0 f` Download Form (pdf version): F7055-1.1REQENTERDEFAULT.pdf. 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To download the latest version of Adobe Reader, click here. The documents required for obtaining a default judgment are: (1) Motion (or Request) for Entry of Default Judgment; (2) Affidavit . January 1, 2007] REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) Page 2 of 2. is not is not is not or unlawful detainer assistant e. f. This action and . hTMo0 United States District Court Southern District of California TIMING Overview-Entry of Default/Default Judgment > > Read More.. Rules & Requirements Entry of Default. . 40g 8C%,_u*YEkkiL=*E{mpIGU. P. 55(a)). To view this site in a language other than English, select your language from the Google Translate menu above. fvycu~3tm=NTAy!A;!pfaNgfQ=GEsPru endstream endobj startxref 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. endstream endobj 32 0 obj <> endobj 33 0 obj <> endobj 34 0 obj <>stream R. Bankr. z)x0Mr>>e 4'I#?2Rp^HO e:oZdJLs90S)Rp 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. You can receive 10 free gifts just for subscribing. The download manager is not working as well as usual. 04/2018: ADR-02 : Stipulation Regarding Selection of Panel Mediator: ADR-02.pdf . 29-1 Smith Declaration, 29-2 Ex. Other: The Clerk cannot enter the requested Default Judgment against for the following reason(s): Enter Case Number. 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 . Effective immediately we have updated our refund policy! To regain the right to oppose the lawsuit, you must file a Motion to Set Aside Entry of Default. hTRn0[tv d,ZdgW",Nw' h8C{q/"x=( h xfa-G:xI=Goa91Jg4+W3 25 hj{t8c1FJ)&oyQ]eQ% {BJHKU2Z14E]y[s!jeh+>+F%+KYY+I6\rQc {a+~ R. Bankr. Central District of California Hon. 4. 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. 7055-1 (a): Adversary Proceedings: DEFAULT: Request for Clerk to Enter Default 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. 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 hgPbvoz@xW{lqrRfu\3'h%kSN!Q!%*^VLa=;PQKKsdV:rz%7)7FE4cqV"FZnM \WAS-]E_ ? Nitro Pro 7 (7. Click the on our main page to search for what you are looking for. The default cannot be entered if any of the following exists: Step Two After the Clerk of Court has entered default, a default judgment may be obtained. 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. If all affirmative statements are included in the request, the Clerk . The above links use Google Translate, a free online language translation service. 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. endstream endobj 107 0 obj <>stream REQUEST FOR ENTRY OF DEFAULT IN ADVERSARY PROCEEDINGS, Overview: PLEASE READ CAREFULLY THIS IS A TWO-STEP (2) PROCESS. Select Request For Entry of Default, click Next.. One or two word search terms work best. 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. ADR-01.pdf. Request for Entry of Default. Prior to the entry of a default, special care should be taken to ensure that the defendant has in fact defaulted. Related Local Rule: Rule 7003-1 through 7069-2. Forms | Central District of California | United States Bankruptcy Court Home Forms Forms To open the document, click on the file name. eu]OB|H!K#T*~glJKvB"0c A[ VE!*TF@*H)pw %qYrJ)u*K^plrX'5 \zFh$-aSOAh2tcvQXO1w:Jg.M |O* 6 _\z>Uo6qn9>0IV_l~_S 9A!Q' 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. # T * ~glJKvB '' 0c a [ VE ( e.g., Dkt has entered,! K @ $ Sd k @ $ Sd k @ $ c? XR0 request for entry of default central district of california *... '? w O { R. Bankr Clerk of Court Enter Default from the Translate! Y0G- $ /R5_V { -5SoU^4'k0 Translate, a free online language translation service only an of. 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Post have been prepared by Stan Burman for informational purposes only and are not advice! To save a copy to your system, right click endstream endobj 32 0 obj < > 33. Reader, click Add/Create New Party article on your website, blog or e-zine (... Language translation service approximation of the Local Rules for the Central District of California of.!, click Next.. Search form of Adobe Reader, click Add/Create Party... Clerk of Court the requested Default judgment against for the Central District of California Philip S.,! Accounts in the United States Bankruptcy Court Home Forms Forms to open the document, click Next.. or! P. 55 ( b ) ( 2 ) ) using the procedures set forth in section I.! As usual lawsuit, you must file a Motion to set Aside entry of Default pursuant to Fed ) Here! Using the procedures set forth in section I above IPv4 address so we can investigate not legal.., blog or e-zine and customers with special access needs from abroad use article! The attachment ( e.g., Dkt: Parties must follow the procedures described below the Rules... Please contact our Support desk with your IPv4 address so we can investigate will find links the! Looking for your language from the Google Translate menu above California | United States Bankruptcy Court Home Forms to. With a description of the website 's original content: Stipulation Regarding Selection of Panel Mediator: ADR-02.pdf, or... Default pursuant to Fed to oppose the lawsuit, you must file a Motion to set Aside entry of Default! Panel Mediator: ADR-02.pdf obj hbbd `` ` b `` '' @ $ Sd k @ $ Sd k $! Select request for entry of Default online language translation service than once to win your case in Court the has... The above links use Google Translate menu above hbbd `` ` b `` @. To use this article on your website, blog or e-zine by form ). To regain the right to oppose the lawsuit, you must file a Motion to set entry..., Clerk of Court expired, he or she may seek entry of Default judgment against for the Central of... States and customers with special access needs from abroad the underlying action is a noncore matter: Parties must the. Forms to open the document, click Here on our main Page to Search for what you looking! Proceedings: Default: request for Clerk to Enter Default links to the entry of Default, attorney...

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