(a) Clerk’s Entry of Default. A party seeking Clerk’s entry of default pursuant to Fed. R. Civ. P. 55(a) must file a motion in accordance with L.B.R. 9013-1 and verify by affidavit or otherwise pursuant to 28 U.S.C. § 1746 the following:
(1) the party against whom default is sought has been properly served with a complaint and summons, including the date of the issuance of the summons and the date of service of the complaint and summons;
(2) the party against whom default is sought has failed to plead or otherwise defend within the allowed time;
(3) the party against whom default is sought has not requested or has not been granted an extension of time to plead or otherwise defend; and
(4) a motion for Clerk’s entry of default may not be combined with a motion for entry of default judgment.
(b) Default Judgment After Entry of Default. A party seeking entry of a default judgment pursuant to Fed. R. Civ. P. 55(b) must file a motion in accordance with L.B.R. 9013-1 containing the following:
(1) request for entry of default judgment;
(2) affidavit, executed by an individual with personal knowledge, setting forth sufficient factual support for each element of each claim on which judgment is requested. In cases involving individuals, the supporting affidavit must allege that the defendant is not an infant or incompetent person, unless represented in the action by a general guardian, committee, conservator, or other such representative who has appeared in the action;
(3) in cases involving individuals, the SCRA affidavit required by L.B.R. 4002-3;
(4) if appropriate, documentary evidence to support the allegations in the affidavit (attached as exhibits);
(5) proposed form of order approving the motion; and
(6) proposed form of judgment.
(c) Proof Hearing. The Court will advise the party seeking entry of default judgment of the time and date of a proof hearing, if required.
(d) Service. A motion for entry of default and a motion for default judgment must be served on the party against whom relief is sought.