Ameriquest Mortgage Company v. Zimmerle et al

Filing 28

ORDER On or before 7/6/09 plaintiff to file supplement to its 9 MOTION for Default Judgment as to Kenneth J. Zimmerle and Gretchen R. Zimmerle, by Magistrate Judge Boyd N. Boland on 6/25/09. (gms, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 08-cv-02046-MSK-BNB AMERIQUEST MORTGAGE COMPANY, a Delaware corporation Plaintiff, v. KENNETH J. ZIMMERLE, an individual, and GRETCHEN R. ZIMMERLE, an individual, Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ The plaintiff seeks the entry of a default judgment against the defendants. Rule 55(d), Fed. R. Civ. P., imposes special requirements and limitations in connection with entering a default judgment against "the United States, its officers, or its agencies. . . ." Judge Krieger's Practice Standards: Civil Actions require at Part V.J.1.b. that a motion for default judgment must be accompanied by "an affidavit . . .establishing that the particular defendant is not an infant, an incompetent person, an officer or agency of the United States, the State of Colorado, or in the military service. . . ." (Emphasis added.) The plaintiff submitted a declaration from Scott P. Sinor in support of its motion for default judgment [Doc. # 9-2] (the "Sinor Decl."), which states at ¶¶6-7 that the defendants are natural persons, "not an infant, an incompetent person, an officer of the State of Colorado, or in the military service." (Emphasis added.) The declaration is silent, however, with respect to whether the defendants are officers of the United States. Nor can I find evidence concerning the issue elsewhere in the materials submitted in support of the Motion for Default Judgment.

IT IS ORDERED that on or before July 6, 2009, the plaintiff shall file a supplement to its Motion for Default Judgment addressing whether the defendants are officers of the United States. Dated June 25, 2009. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge

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