JUDGE BLOOM’S STANDING ORDER ON DEFAULT JUDGMENT PROCEDURE
The parties shall follow the default judgment procedures below:
If a Defendant or Defendants fail to file any response(s) to Plaintiff’s Complaint, Plaintiff
shall submit a Motion for Entry of Clerk’s Default with respect to Defendant(s), no later than seven
(7) days of the deadline for Defendant(s) to file an Answer or otherwise appear. Plaintiff’s failure
to file a Motion for Entry of Clerk’s Default within the specified time may result in dismissal
without prejudice and without further notice as to the Defendant(s).
Once the Clerk enters default, Plaintiff must file one of the following two responses within
seven (7) days of the entry of a Clerk’s Default:
1. Where there is only one Defendant, or where there are multiple Defendants but no
allegations of joint and several liability and no possibility of inconsistent liability between
Defendants, Plaintiff shall file a Motion for Default Final Judgment. 1
2. Where there are multiple Defendants and allegations of joint and several liability or the
possibility of inconsistent liability between Defendants, Plaintiff shall file a Motion to
Determine Joint and Several Liability on Default. See Frow v. De La Vega, 82 U.S. 552,
554 (1872); 10A Charles Alan Wright and Arthur R. Miller, FEDERAL PRACTICE AND
PROCEDURE § 2690 (3d ed. 1998) (citing Frow, 82 U.S. at 554); see also Gulf Coast Fans,
Inc. v. Midwest Elecs. Imp., Inc., 740 F.2d 1499, 1512 (11th Cir. 1984). The Motion to
Determine Joint and Several Liability on Default must briefly describe the allegations and
advise the Court of the status of the other Defendants’ liability. Once liability is resolved
as to all Defendants, Plaintiff may move for the entry of default final judgment against
Defendants, as described in (1) above, no later than seven (7) days thereafter.
1
If there are multiple Defendants, Plaintiff must state in the Motion for Default Final Judgment that there
is no joint and several liability and set forth the basis why there is no possibility of inconsistent liability.
1
The Motion for Default Final Judgment 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. § 3931(b), if applicable; (2) a proposed order which
details both the factual and legal basis for default; and (3) a proposed final judgment. 2 Pursuant
to the CM/ECF Administrative Procedures, the proposed orders shall be submitted to the Court
by e-mail in Word format at
[email protected]. Plaintiff shall send a copy of the Motion
to counsel for Defendant(s) or to Defendant(s) if Defendant(s) do not have counsel. In the
Certificate of Service, Plaintiff shall indicate that notice was sent and the address or addresses
where notice was sent. Plaintiff shall not rely solely on the Court’s CM/ECF system to effectuate
such service.
If Defendant(s) fail to move to set aside the Clerk’s Default, default final judgment may be
entered, which, simply put, means that Plaintiff may be able to take the property or money of
Defendant(s) and/or obtain other relief against Defendant(s).
Plaintiff’s failure to file a Motion for Default Final Judgment, and, if applicable, a Motion
to Determine Joint and Several Liability on Default within the specified time will result in
sanctions, including but not limited to, dismissal without prejudice as to those Defendants.
2
The latter two submissions are required by Local Rule 7.1(a)(2).
2
