1 Any Attorney or Party

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4 Any Attorney or Party

8
UNITED STATES DISTRICT COURT
9 ________ DISTRICT OF _____________

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, )
OPPOSITION TO MOTION TO VACATE
)
JUDGMENT UNDER RULE 60(b)(2);
13 vs. )
MEMORANDUM OF POINTS AND
)
AUTHORITIES; DECLARATION OF _________;
14 Any Defendant, and DOES 1-5 )
EXHIBITS
)
Defendants. )
15
) DATE:
) TIME:
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) PLACE
)
17
)
)
18 )
)
19

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- 1 -
OPPOSITION TO MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(2)
 1 http://www.scribd.com/LegalDocsPro
2
TO ______________________AND THEIR ATTORNEYS OF RECORD:
3
____________ (_________), hereby submits their opposition to the Motion of
4
_________, (___________), to vacate the judgment entered on ____________ on the grounds of
5

6 mistake, inadvertence, surprise, or excusable neglect pursuant to Federal Rule of Civil Procedure

7 60(b)(2) on the grounds that the moving party has failed to LIST HERE THE REASONS WHY
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THE MOTION SHOULD BE DENIED SUCH AS THE NEWLY DISCOVERED EVIDENCE
9
WAS KNOWN OR COULD HAVE BEEN DISCOVERED BY THE MOVING PARTY
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BEFORE THE TRIAL, THE EVIDENCE IS MERELY CUMULATIVE, IMPEACHING OR
11

12 NOT MATERIAL, OR THE EVIDENCE WOULD NOT LIKELY PRODUCE A DIFFERENT

13 RESULT IF THE JUDGMENT WERE SET ASIDE as more fully set forth in the Declaration of
14 ____________________ and Exhibits attached thereto, concurrently filed and served herewith.
15
The Opposition shall be based on this Opposition, the attached Memorandum of Points and
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Authorities, the Declaration of ________________________and Exhibits attached thereto,
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18 concurrently filed and served, on the complete files and records of this action, and on such other oral

19 and/or documentary evidence as may be presented at the hearing on the Motion.

20

21
Dated________________ ________________________________________________________
22 ANY ATTORNEY OR PARTY

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Note that this opposition should be served and filed at least seven
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25 (7) calendar days before the hearing date unless a Local Rule or order
26
of the Court states otherwise. See Federal Rule of Civil Procedure 6(c)
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28 (2).
- 2 -
OPPOSITION TO MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(2)
 1

2 MEMORANDUM OF POINTS AND AUTHORITIES

3
I.
4
STATEMENT OF FACTS
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This case arises out of: Add information here to inform the Court of the circumstances of

7 the particular case, such as relationship between parties, etc.

8 Plaintiffs complaint alleges that: Add information here from the actual complaint such as
9
brief description of causes of action, facts alleged, etc.
10
Defendants were served on _________, a default was entered on ________, and the default
11
judgment was entered on ______________.
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13 Defendants have filed a motion to vacate the default and judgment on the grounds of newly

14 discovered evidence pursuant to Federal Rule of Civil Procedure 60(b)(2). The declaration of
15
________ submitted in support of the motion states that the newly discovered evidence was not
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discovered until after the date of the trial.
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OPPOSITION TO MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(2)