Branch Banking and Trust Company v. Dixon

Filing 9

ORDER as follows: Plaintiff Branch Banking and Trust Company's application to the court for judgment by default, filed December 20, 2012 7 , is denied with leave to renew as further set out in order. Signed by Honorable Judge Myron H. Thompson on 1/3/2013. (jg, )

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

BRANCH BANKING AND TRUST,
COMPANY,
Plaintiff,
v.
ALLEN R. DIXON,
individually and doing
business as
American Eagle,
Defendant.

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CIVIL ACTION NO.
3:12cv777-MHT
(WO)

ORDER
It is ORDERED as follows:
(1) Plaintiff Branch Banking and Trust Company’s
application to the court for judgment by default, filed
December 20, 2012 (doc. no. 7), is denied with leave to
renew.

The application fails to provide the information

listed in the next paragraph.
(2) Should plaintiff Branch Banking and Trust Company
renew

its

application

for

default

application should include the following:

judgment,

the

(a) An affidavit to the effect that defendant Allen
R. Dixon is neither an infant nor incompetent.

See

Fed. R. Civ. P. 55(b)(2); and
(b) 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 1940,
as amended by the Servicemembers Civil Relief Act of
2003, 50 App. U.S.C. § 521(b)(1)(B) & (A).
DONE, this the 3rd day of January, 2013.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE