The ADEA retaliation claim stated as follows:"In October 2010, [Wooten] made a claim to the Equal Employment Opportunity Commission for age discrimination. After the claim was made and continuing until [his] employment ended, [McDonald Transit], in violation of the ADEA, discriminated and retaliated against [Wooten], and created a hostile work environment, until such time that Plaintiff was constructivelydischarged on or about May 1, 2011."The complaint was reportedly served on McDonald Transit's registered agent, but not answered.The district court ordered a prove-up hearing for entry of a default judgment under Federal Rule of Civil Procedure 55. At that hearing, Wooten elaborated on the claim:"He testified that he was born in January 1956, making him fifty-four years old at the time he made his claim to the EEOC. He explained that during his tenure at McDonald Transit, he had been promoted from the position of Class B Mechanic to the position of Shop Foreman.

The standard for some default judgments is even lower. Under Rule 55 of the Federal Rules of Civil Procedure, a money judgment can be entered by the clerk – without review by a judge – upon an affidavit by plaintiff that the claim is for a “sum certain” and the defendant was served but “failed to plead or otherwise defend.”Arbitration is different.

Evolusion also sued Supertool for infringement. When Supertool failed to respond to the complaint, the district court clerk entered a default under Rule 55(a) of the Federal Rules of Civil Procedure. With the requests for relief not yet adjudicated, Evolusion moved for a “default judgment” under Rule 55(b), but the court denied the motion.

As of December 1, 2018, the United States District Court for the District of Maryland adopted several amendments to the local rules. Below is a list of the amendments along with a description of the change and a practical “takeaway.”RULE 108: JudgmentsThe Amendment: Rule 108 was amended to include a requirement that, in order to obtain an order of default pursuant to Fed. R. Civ. P. 55(a), a plaintiff must file a written request with the Court. The request must contain the last known address of the defendant. Upon entry of default, the Clerk will mail the order to the defendant at the address stated in the request and to the defendant’s attorney of record, if there is one. The clerk will also send a notice to the defendant that the order has been entered and that the defendant may move to vacate the order within 30 days after its entry.The Takeaway: To obtain an order of default under Fed. R. Civ. P. 55(a), the plaintiff must file with the court a request for default that includes the defendant’s last known address.Rule 201: CounselThe Amendment: Rule 201 governs which attorneys may represent a defendant in a criminal case. The rule was amended to create a general rule followed by an exception. The rule now provides that, except as provided otherwise by the rule, a defendant may be represented only by a member of the Bar of this Court. Subsection b provides the except

In a separate case for infringement of the ’845 patent, defendant HOC Events failed to respond at all to Evolusion’s complaint. Nevertheless, the district court denied Evolusion’s motion for default judgment under F.R.Civ.P. 55(b) because HOC’s products require reusing the factory-installed magazine catch bar, citing its claim construction and summary judgment rulings in the case against Juggernaut. While noting that the district court’s denial of default judgment is not technically a final judgment or a judgment against Evolusion, the Federal Circuit vacated the order and remanded, holding that it has jurisdiction to review the order because it declares that Evolusion has no claim to pursue and resulted in termination of the case.

When a party is sued in federal court—the exclusive jurisdiction for copyright actions—they have 21 days from the date of service to file a responsive pleading under Federal Rule of Civil Procedure 12(a)(1)(B). If a defendant fails to file a response, the plaintiff can apply to the court for entry of default under Federal Rule of Civil Procedure 55(a). Unless the defendant files an untimely response, the court will likely enter the defendant’s default.

Plaintiffs filed objections to Chief Magistrate Judge Thynge’s Report and the Court allowed Plaintiffs to re-file their motion seeking attorneys’ fees under the Lanham Act. Id.Upon evaluation of the re-filed motion for attorneys’ fees, the Court found that Plaintiffs’ motion was timely because the default judgment entered pursuant to Federal Rule of Civil Procedure 55(b) did not dispose of all of the claims among the parties and the judge that entered the default judgment did not direct entry of final judgment under Rule 54(b). Id. at *5.After finding Plaintiffs’ motion for attorneys’ fees was timely, the Court also found the case to be exceptional based on the merits of the case and Defendants’ litigation conduct.

Vircurex (and other defendants) did not appear in the lawsuit, and on March 19, 2018, Judge Brimmer entered an initial default under Federal Rule of Civil Procedure (FRCP) 55(a) against Vircurex. However, when the plaintiff sought to effectuate the default order by moving for default judgment under FRCP 55(b), Judge Brimmer determined that the court lacked personal jurisdiction over Vircurex, as none of the U.S. Court of Appeals for the Tenth Circuit’s specific jurisdiction frameworks indicated that Vircurex had purposefully directed its activity at Colorado. As a result, the court dismissed the case in its entirety.

In federal court, a default judgment may be granted against a party that has failed to plead or otherwise defend itself. See FRCP 55. A default judgment may be entered by the clerk of the court when only payment of a sum certain is sought, after plaintiff submits an affidavit stating that the defaulting party was properly served but failed to plead, and showing the amount due on a claim for a certain amount. A default judgment may also be entered by the court in all other cases when the moving party submits with its motion for default judgment (1) a clerk's certificate of entry of default, (2) a proposed form of default judgment, (3) a copy of the pleading to which no response has been made.

Plaintiff Deckers Outdoor Corporation ("Plaintiff") alleged that Defendants Superstar International, Inc. and Sai Liu ("Defendants") produce, advertise, and sell products that infringe Plaintiff's design patents for UGG boots. The district court previously ruled that default judgment was appropriate, considering both the procedural requirements of Federal Rule of Civil Procedure 55(b) and the factors laid out in Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). In the previous order, the district court left open what relief Plaintiff could recover.