MOTION FOR DEFAULT JUDGMENT

mukiialice64
Motions
February 27, 2024

XXX

XXX

XXX

Plaintiff in pro per

 

 

IN THE XXX DISTRICT COURT

IN AND FOR THE NORTHERN DISTRICT OF XXX

 

XXX,

Plaintiff,

vs.

XXX,

Defendant(s)

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 Case No.: XXX

 

 

PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT

 

 

NOTICE OF PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT

You are hereby notified that on the _____ day of [Month], XXX, at ___________ (am/pm), Plaintiff will bring on for hearing her Motion for Default Judgment for reasons stated in the attached Motion. It will be based on this Notice of Motion, the attached Motion for Default Judgment, exhibits adduced and oral arguments presented during the hearing of the Motion.

 

Dated this _____ day of XXX.

 

Respectfully Submitted,

 

 

 

 

___________________________________

XXX,

Plaintiff in pro per

 

XXX

XXX

XXX

 

Plaintiff in pro per

 

 

IN THE XXX DISTRICT COURT

IN AND FOR THE NORTHERN DISTRICT OF XXX

 

XXX,

Plaintiff,

vs.

GENERAL MOTORS, LLC,

Defendant(s)

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)

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 Case No.: XXX

 

 

PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT

 

MOTION FOR DEFAULT JUDGMENT

NOW COMES XXX, Plaintiff, and files this Motion for Default Judgment pursuant to F.R.C.P. 55 against XXX, LLC, Defendant, and for cause would show this Honorable Court as follows:

 

  1. Factual Background
  2. Plaintiff filed a lawsuit against Defendant for intentional discrimination and unlawful employment practices.
  3. Defendant was served with summons and Complaint on XXX, and as of XXX, they have failed to file an answer or any responsive pleading.
  4. Therefore, the Plaintiff moves for a default judgment against General Motors and respectfully requests that the Court grant the relief sought in the Complaint.

 

  1. Legal Standard for Motion for Default Judgment
  2. Federal Rule of Civil Procedure 55 governs the entry of default and default judgments.
  3. Rule 55(a) provides that when a party has failed to plead or otherwise defend, the clerk may enter a default against that party.
  4. Rule 55(b) provides that after a default has been entered, the court may enter a default judgment. Pursuant to Rule 55(b), the court may enter a default judgment when the plaintiff’s claim is for a sum certain or for a sum that can be made certain by computation, or if the plaintiff seeks other relief, the court may conduct hearings or make referrals as necessary.

 

  1. Argument
  2. The U.S. District Court for the Northern District of Texas has held that a default judgment may be entered against a defendant who fails to timely respond to a complaint.
  3. In In re Rains, 946 F.3d 511, 515 (5th Cir. 1991), the court held that “a default judgment is a drastic remedy and should be entered with great caution.”
  4. The court further stated that when deciding whether to enter a default judgment, the court should consider the following factors: (1) whether the plaintiff will be prejudiced if the default judgment is not entered; (2) whether there is a meritorious claim; (3) the sufficiency of the complaint; (4) the amount of money at stake; (5) the possibility of a dispute concerning material facts; (6) whether the default was due to excusable neglect; and (7) the strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the merits.
  5. Here, Defendant has failed to plead or otherwise defend within the time allowed by the Federal Rules of Civil Procedure. Therefore, the Clerk may enter a default against General Motors pursuant to Rule 55(a).
  6. Next, the Court should consider the factors set forth in re Rains to determine whether a default judgment should be entered against Defendant.
  7. First, there is a possibility of prejudice to Plaintiff if a default judgment is not entered. Defendant’s failure to respond to the Complaint has prevented Plaintiff from obtaining a resolution of her claims in a timely manner.
  8. Second, the Plaintiff’s claim is for intentional discrimination and unlawful employment practices, which has merits.
  9. Third, the Complaint is sufficient to state a claim upon which relief can be granted.
  10. Fourth, there is no possibility of a dispute concerning material facts because Defendant has failed to respond to the Complaint.
  11. Sixth, Defendant has not provided any explanation for its failure to respond to the Complaint, and thus, there is no indication that the default was due to excusable neglect.
  12. Finally, the strong policy underlying the Federal Rules of Civil Procedure favors decisions on the merits.

 

  1. Prayer for Relief

For the foregoing reasons, Plaintiff respectfully requests that the Court grant this motion for default judgment against Defendant and enter a default judgment in favor of Plaintiff for the relief sought in the Complaint, including but not limited to, back pay, front pay, and compensatory damages amounting to $950,000, punitive damages, attorneys’ fees, and costs.

 

Dated this _____ day of April, XXX.

 

Respectfully Submitted,

 

 

 

 

___________________________________

XXX,

Plaintiff in pro per

 

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