Auctus Private Equity Fund LLC v. Apt Moto Vox Group, Inc. et al

Filing 16

Judge F. Dennis Saylor, IV: ORDER entered. STANDING ORDER on motions for default judgment (Halley, Taylor)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
Auctus Private Equity Fund LLC
Plaintiff
v.

CIVIL ACTION NO. 16-cv-11845-FDS

Apt Moto Vox Group, Inc. et al
Defendant

STANDING ORDER REGARDING
MOTIONS FOR DEFAULT JUDGMENT

SAYLOR, DJ,
A Notice of Default has been issued to the above named defendant(s) upon request of the
plaintiff(s) in the above entitled action.
In anticipation of a Motion for Entry of Default Judgment being filed, counsel are advised of the
following requirements for submission of such motion in order to ensure compliance with Rule 55 of the
Federal Rules of Civil Procedure:
l.

A party making a motion for default judgment shall comply with all the requirements of

Fed. R. Civ. P. 55 particularly those related to filing of affidavits. The moving party shall also submit an
appropriate form of default judgment in the fashion of the draft order attached hereto as Appendix A. Such
compliance shall be completed no later than 14 days after the filing of the motion itself;
2.

Within the 14-day period for compliance by the moving party, the party against whom

default judgment is sought shall have an opportunity to file substantiated opposition to the default
judgment motion and to request a hearing thereon;
3.

The Court will take up the motion for default judgment on the papers at the conclusion of

the 14 day period. Should the motion for default judgment at that time fail to comply with Fed. R. Civ. P.
55, the motion will be denied with prejudice to any renewal of such motion within six months of the denial.
Any renewed motion for default judgment may not include a request for interest, costs or attorneys' fees in
the matter nor will such relief be granted on any renewed motion for default;

4.

Necessary and appropriate action with respect to this Standing ORDER shall be taken by

the moving party within 30 days of the date of the issuance of this ORDER. If for any reason the moving
party cannot take necessary and appropriate action, that party shall file an affidavit describing the status of
this case and show good cause why necessary and appropriate action with respect to this Standing
ORDER cannot be taken in a timely fashion and further why this case should remain on the docket.
Failure to comply with this paragraph will result in the entry of dismissal of the moving party's claims for
want of prosecution.

By the Court,

/s/ Taylor Halley
Deputy Clerk
Dated: 06/12/2017

2

Appendix A
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

Plaintiff(s)

v.

CIVIL ACTION NO.

Defendant(s)

FORM OF
DEFAULT JUDGMENT
,
Defendant

having failed to plead or otherwise defend in this action

and its default having been entered,
Now, upon application of plaintiff and affidavits demonstrating that defendant owes plaintiff the
sum of $

that defendant is not an infant or incompetent person or in the

military service of the United States, and that plaintiff has incurred costs in the sum of $
.
It is hereby ORDERED, ADJUDGED AND DECREED that plaintiff recover from defendant
the principal amount of $
and prejudgment interest at the rate of

amount of $
to
of $

, with costs in the

in the amount of $

for a total judgment

with interest as provided by law.

By the Court,
Dated:
Deputy Clerk

NOTE: The post judgment interest rate effective this date is

3

% from

%.