Summary
denying default judgment because the plaintiff's averment "Defendants are not infants, incompetent persons, or persons in military service or otherwise exempted from default judgment under the Servicemembers Relief Act of 2003," made without any documentation or other evidence supporting that averment, failed to satisfy the Servicemembers Relief Act of 2003
Summary of this case from House v. SmithOpinion
Civil No. 11-849 (RBK/KMW)
05-03-2012
JOE HAND PROMOTIONS, INC., Plaintiff, v. ROBIN WALDRON, CHARLYNN WALDRON, and MANGIA BY THE GREENS, INC., d/b/a Mangia on the Green, Defendants.
NOT FOR PUBLICATION
(Doc. No. 9)
ORDER
THIS MATTER having come before the Court on the motion of Joe Hand Promotions, Inc. ("Plaintiff") for judgment of default on its claims against Robin Waldron, Charlynn Waldron, and Mangia by the Greens, Inc. ("Defendants"); and
IT APPEARING TO THE COURT that default as to Defendants was entered by the Clerk on July 21, 2011; and
IT FURTHER APPEARING TO THE COURT that two Defendants are individuals; and
IT FURTHER APPEARING TO THE COURT that Plaintiff's counsel avers that "Defendants are not infants, incompetent persons, or persons in military service or otherwise exempted from default judgment under the Servicemembers Relief Act of 2003," Janis Decl., ¶ 3, but that Plaintiff offers no documentation or other evidence supporting that averment; and
THE COURT NOTING that the Servicemembers Relief Act of 2003 provides that "the court, before entering judgment for the plaintiff, shall require the plaintiff to file with the court an affidavit . . . stating whether or not the defendant is in military service and showing necessary facts to support the affidavit," 50 U.S.C. App. § 521(b)(1)(A) (emphasis added); and
THE COURT FINDING that Plaintiff has failed to show necessary facts to support its counsel's affidavit;
IT IS HEREBY ORDERED that Plaintiff's motion for default judgment is DENIED.
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ROBERT B. KUGLER
United States District Judge