Progressive Direct Insurance Company v. Mathis et al
OPINION AND ORDER DENYING plf's 9 MOTION for Default Judgment with leave to renew, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 11/6/14. (djy, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
JUANITA MATHIS and
CHRISTOPHER L. HENDERSON,
CIVIL ACTION NO.
OPINION AND ORDER
This lawsuit is now before the court on plaintiff
(“SCRA”), 50 App. U.S.C. § 521, the court will deny the
motion, albeit with leave to renew.
Section 521 of the SCRA provides:
"In any action or proceeding covered by this
section, the court, before entering judgment
for the plaintiff, shall require the plaintiff
to file with the court 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
50 App. U.S.C. § 521 (b)(1).
statement, is not strictly necessary under the terms of
See Black’s Law Dictionary, 8th ed. (an
written down and sworn to by the declarant before an
A litigant may satisfy the affidavit
and certified or declared to be true under penalty of
50 App. U.S.C. § 521 (b)(4).
Progressive Direct has failed to meet the SCRA’s
requirements in two respects.
First, while Progressive
Mathis is not a member of the United States military,
the insurance company has not made any "showing [of]
necessary facts to support" this claim.
insurance company has not provided an affidavit or a
... subscribed and certified or declared to be true
company merely states in its unverified motion that it
does not believe Mathis to be a member of the armed
And while the insurance company submitted an
affidavit in support of the motion, it does not touch
on the military service issue.
default judgment (doc. no. 9) is denied with leave to
DONE, this the 6th day of November, 2014.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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