Judgments or Orders

(a) Proposed Orders. 

(1)  Proposed orders must be prepared as a separate document and must not be included as part of stipulations, motions or other pleadings. The proposed order must not contain any information identifying the party submitting the order. The order must set forth in detail the relief to be granted or attach the parties’ stipulation, and conform to the relief requested. The proposed order must not contain a signature block, but must conclude with language substantially similar to the following:  DATED AND SIGNED ABOVE.  

(2)  Proposed orders must be in a text selectable, searchable, and editable PDF file format before uploading into the CM/ECF system.

(3)  No lodged order may contain a mailing certificate.

(4)  Unless ordered otherwise or provided by these rules, a proposed order shall only be lodged after a ruling has been issued or, if the relief was sought by negative notice, after the filing of a certificate of service and of no objection.

(b)  Submission of Proposed Judgments or Orders.  Proposed judgments or orders must be electronically submitted by attorneys and case trustees using Order Upload in the CM/ECF system.

(c)  Notice of Lodging Judgment or Order.  Immediately after electronically submitting the proposed judgment or order, the submitting attorney or case trustee must also create a docket entry with the proposed judgment or order attached or file a Notice of Lodging with the proposed judgment or order attached.

(d)  Service of Judgment or Order by Clerk.  The Clerk is authorized to serve a judgment or order on those parties who have consented to electronic service by generating a “Notice of Electronic Filing”. The consenting party must enable the CM/ECF system email notification so that service can be made. Electronic service will be noted on the docket.

(e)  Objection to Court’s Authority to Enter a Default Judgment or Order.  Any objection to the Court’s authority to enter a default judgment or order must be filed within fourteen (14) days after entry of the judgment or order. Failure to object will be deemed consent to the entry of the default judgment or order.

 Notes 2018:  LR 9022-1 was amended to prohibit parties from submitting proposed forms of order that include identifying information. It was also amended to provide that forms of order may not incorporate information by reference, but must instead set forth all relief to be granted or attach the parties’ stipulation. Finally, for consistency in electronically entered orders, that subsection was further amended to require  all orders to  contain a uniform signature block that refers the reader to the location of the date and signature.

Subpart (e) amended to address issues created by the holding in Stern v. Marshall, 564 U.S. 2, 131 S.Ct. 2594, 180 L. Ed. 2d 475 (2011), as clarified by Wellness International Network Ltd. v. Sharif, 575 U.S. ___ , 135 S.Ct. 1932, 191 L. Ed. 2d 911 (2015), related to the Court’s authority to enter default judgments or orders.