Court Holds That A Rule 55(b)(1) Motion Does Not Require A Hearing and Notice To The Defaulted Party

In Searchstoppers.com v. Trustcashthe Court held  Rule 55(b)(1) does not require the Plaintiff provide the appearing defaulted party notice of the motion for entry of default.  The court held:

Given the grammatical construction of the two
subsections of Rule 55(b) setting forth separate and distinct
procedures for obtaining a default judgment depending on whether
the claim is liquidated (motion pursuant to Rule 55(b)(1)) or
unliquidated (hearing pursuant to Rule 55(b)(2)), and the
introductory language in Rule 55(b)(2) that its provisions only
apply “[i]n all other cases,” we do not interpret Tarr as
implicitly engrafting the notice provision of Rule 55(b)(2) into
Rule 55(b)(1).

The Court makes a point of distinguishing between motions for default judgments when the damages are liquidated and unliquidated damages, stating that because the nature of liquidated damages there is no discretion in calculating the amount owed.  Thus the claim does not require a hearing for calculation or notice of hearing.