Wells Fargo Bank, National Association v. Ronnie Gilley Construction Ozark, Inc., et al

Filing 9

ORDER re Plaintiff Wells Fargo's 8 Motion for Default Judgment directing that plaintiff Wells Fargo Bank, National Association is allowed 14 days from the date of this order to provide the following information: (1) An affidavit to the effect that defendant Ronald E. Gilley is neither an infant nor incompetent; and (2) An affidavit (A) stating whether or not the defendant is in military service and showing necessary facts to support the affidavit; or (B) if the plaintiff is unable to dete rmine whether or not the defendant is in military service, stating that the plaintiff is unable to determine whether or not the defendant is in military service, as required by the Soldiers' and Sailors' Civil Relief Act of 2003, 50 App. U.S.C.A. § 521(b)(1)(A) & (B). Signed by Honorable Judge Myron H. Thompson on 6/29/11. (scn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

WELLS FARGO BANK, NATIONAL
ASSOCIATION, successor by
merger to Wachovia Bank,
National Association.

)
)
)
)
)
Plaintiff,
)
)
v.
)
)
RONNIE GILLEY CONSTRUCTION )
OZARK, INC. and RONALD E. )
GILLEY,
)
)
Defendants.
)

CIVIL ACTION NO.
1:11cv00330-MHT
(WO)

ORDER
This matter is now before the court on plaintiff
Wells

Fargo

default

Bank,

judgment

National
(Doc.

No.

Association’s
8).

motion

Absent

for

additional

evidence (set forth below), the motion as it relates to
defendant Ronald E. Gilley must be denied.

Accordingly,

it is ORDERED that plaintiff Wells Fargo Bank, National
Association is allowed 14 days from the date of this
order to provide the following information:

(1) An affidavit to the effect that defendant Ronald
E. Gilley is neither an infant nor incompetent.

See Fed.

R. Civ. P. 55(b)(2).
(2) An affidavit “(A) stating whether or not the
defendant is in military service and showing necessary
facts to support the affidavit; or (B) if the plaintiff
is unable to determine whether or not the defendant is in
military service, stating that the plaintiff is unable to
determine whether or not the defendant is in military
service,” as required by the Soldiers’ and Sailors’ Civil
Relief Act of 2003, 50 App. U.S.C.A. § 521(b)(1)(A) &
(B).
DONE, this the 29th day of June, 2011.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE