Opinion
Doc. No. 10 Civil No. 11-3358 (RBK/KMW)
02-23-2012
H&R BLOCK BANK, Plaintiff, v. JBW HOLDINGS, LLC, JAMES B. WILSON, and JOANN L. CABALLERO, Defendant.
NOT FOR PUBLICATION
ORDER
THIS MATTER having come before the Court upon the motion of H&R Block Bank ("Plaintiff") for entry of final judgment by default against JBW Holdings, LLC, James B. Wilson, and Joann L. Caballero ("Defendants"), and the Court having considered the Plaintiff's unopposed moving papers; and
IT APPEARING TO THE COURT that Plaintiff has filed for entry of final judgment of default pursuant to Federal Rule of Civil Procedure 55(b)(2); and
IT FURTHER APPEARING TO THE COURT that default as to Defendants was entered by the Clerk on August 10, 2011; and
IT FURTHER APPEARING TO THE COURT that some of the Defendants are individuals; and
THE COURT NOTING that, "[w]here the defaulting defendant is an individual, the plaintiff must satisfy the Servicemembers Civil Relief Act by submitting an affidavit of nonmilitary service," New Jersey Federal Civil Procedure 17-3:3.1 (eds. Robert E. Bartkus and Elizabeth J. Sher, 2011); and
THE COURT NOTING that Plaintiff alleges, upon information and belief, that Defendants are not members of the military;
THE COURT FINDING that Plaintiff's allegation is insufficient to satisfy the Servicemembers Civil Relief Act, 50 U.S.C. App. § 501 et seq. ;
For an affidavit to be sufficient, movant must contact "the various military services . . . and [obtain] a certificate . . . from each of them confirming a defendant's nonmilitary service." New Jersey Federal Civil Procedure 17-3:3.1 (eds. Robert E. Bartkus and Elizabeth J. Sher, 2011).
IT IS HEREBY ORDERED that Plaintiff's motion for entry of final judgment by default is DENIED.
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ROBERT B. KUGLER
United States District Judge