JUDGE JACQUELINE BECERRA’S STANDING PROCEDURES
REGARDING MOTIONS FOR DEFAULT FINAL JUDGMENT
1. Within seven (7) days of the entry of a Clerk’s Default, Plaintiff(s) must file a Motion
for Default Final Judgment. The Motion must include affidavits of any sum certain
due by Defendant(s), and any other supporting documentation necessary to
determine Plaintiff(s)’ measure of damages. The Motion shall also be accompanied
by: (1) the necessary affidavit under the Servicemembers Civil Relief Act, 50 U.S.C.
app. section 521(b), if applicable; (2) a memorandum of law supporting entitlement
to final judgment; (3) a proposed order; and (4) a proposed final judgment.
Plaintiff(s)’ failure to file a Motion for Default Final Judgment within the specified
time frame will result in a dismissal without prejudice and without further notice.
2. Pursuant to CM/ECF Administrative Procedures, the proposed order and proposed
final judgment shall be submitted to the Court by e-mail in Word format at
[email protected]. The email subject line must include the case number as
follows: XX-cv-XXXX-JB. Plaintiff shall send a copy of the Motion to Defendant(s)’
counsel, or, if Defendant(s) are pro se, to Defendant(s) . In the certificate of service,
Plaintiff(s) shall indicate that notice was sent and list the address(es) where notice
was sent.
3. In multi-defendant cases, if there are no allegations of joint and several liability, and
no possibility of inconsistent liability between Defendants, Plaintiff(s) shall file a
motion for default final judgment as provided for above. However, if there a re
allegations of joint and several liability, or the possibility of inconsistent liability
between Defendants, Plaintiff(s) shall also file a notice of joint liability. See Frow
v. De La Vega, 82 U.S. 552, 554 (1872); 10A Charles Alan Wright et al., Federal
Practice and Procedure § 2690 (4th ed. 2021) (citing Frow, 82 U.S. at 554); see also
Gulf Coast Fans, Inc. v. Midwest Elecs. Imps., Inc., 740 F.2d 1499, 1512 (11th Cir.
1984). The notice of joint liability must be filed with the Motion for Default Final
Judgment and shall briefly describe the allegations and advise the Court of the
status of the other Defendant(s)’ liability.
4. If Defendant(s) fail(s) to move to set aside the Clerk’s Default or respond to the
Motion within the time permitted by the Rules, default final judgment may be
entered without further hearing or notice.
