Barry v. Eastern Asset Management, LLC

Filing 42

ORDER denying without prejudice 39 Motion for Default Judgment by Judge Zita L. Weinshienk on 04/30/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-01419-ZLW-BNB EMILY BARRY, Plaintiff, v. EASTERN ASSET MANAGEMENT, LLC, Defendant. ORDER The matter before the Court is Plaintiff's Request For Entry Of Default Judgment (Doc. No. 39). The affidavit of indebtedness which Plaintiff filed (Doc. No. 38-2) does not attach any documentation supporting the amount of attorney's fees and costs sought, and was not either notarized1 or certified under penalty of perjury pursuant to 28 U.S.C. § 1746. Accordingly, it is ORDERED that Request For Entry Of Default Judgment (Doc. No. 39) is denied without prejudice. DATED at Denver, Colorado, this 30th day of April, 2009. BY THE COURT:

__________________________________ ZITA L. WEINSHIENK, Senior Judge United States District Court

An affidavit is a "voluntary declaration of facts written down and sworn to by the declarant before an officer authorized to administer oaths, such as a notary public." Black's Law Dictionary (8th ed. 2004).

1