or her burden under paragraph (1), the Copyright Claims Board shall prepare a proposed default determination and provide written notice to the respondent at all addresses, including email addresses, reflected in the records of the proceeding before the Copyright Claims Board, concerning the pendency of a default determination by the Copyright Claims Board and the legal significance of such determination. Such notice shall be accompanied by the proposed default determination and provide that the respondent has 30 days from the date of the notice to submit any evidence or other information in opposition to the proposed default determination. (3) If the respondent responds to the notice provided under paragraph (2) within the 30-day period, the Copyright Claims Board shall consider respondent’s submissions and, after allowing the other parties to address such submissions, maintain or amend its proposed determination as appropriate, and the resulting determination shall not be a default determination. (4) If the respondent fails to respond to the notice provided under paragraph (2), the Copyright Claims Board shall proceed to issue the default determination as a final determination. Thereafter, the respondent may only challenge such determination to the extent permitted under section 1407(c): Provided, however , That prior to the initiation of any additional proceedings under section 1407, the Copyright Claims Board shall have the discretion to vacate the default determination in the interests of justice. (u) Claimant’s failure To proceed (1) Failure to complete service If a claimant fails to complete service on a respondent within the 90-day period as prescribed in subsection (g), that respondent shall be dismissed from the proceeding without prejudice