JOE HAND PROMOTIONS, INC. v. WALDRON et al

Filing 10

ORDER denying Plaintiff's 9 Motion for Default Judgment. Signed by Judge Robert B. Kugler on 5/3/2012. (TH, )

NOT FOR PUBLICATION

(Doc. No. 9)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
___________________________________
:
JOE HAND PROMOTIONS, INC.,
:
:
Plaintiff,
:
:
Civil No. 11-849 (RBK/KMW)
v.
:
:
ORDER
ROBIN WALDRON, CHARLYNN
:
WALDRON, and MANGIA BY THE
:
GREENS, INC., d/b/a Mangia on the Green,:
:
Defendants.
:
___________________________________ :
THIS MATTER having come before the Court on the motion of Joe Hand Promotions,
Inc. (“Plaintiff”) for judgment of default on its claims against Robin Waldron, Charlynn
Waldron, and Mangia by the Greens, Inc. (“Defendants”); and
IT APPEARING TO THE COURT that default as to Defendants was entered by the
Clerk on July 21, 2011; and
IT FURTHER APPEARING TO THE COURT that two Defendants are individuals;
and
IT FURTHER APPEARING TO THE COURT that Plaintiff’s counsel avers that
“Defendants are not infants, incompetent persons, or persons in military service or otherwise
exempted from default judgment under the Servicemembers Relief Act of 2003,” Janis Decl.,
¶ 3, but that Plaintiff offers no documentation or other evidence supporting that averment; and
THE COURT NOTING that the Servicemembers Relief Act of 2003 provides that “the
court, before entering judgment for the plaintiff, shall require the plaintiff to file with the court

an affidavit . . . stating whether or not the defendant is in military service and showing necessary
facts to support the affidavit,” 50 U.S.C. App. § 521(b)(1)(A) (emphasis added); and
THE COURT FINDING that Plaintiff has failed to show necessary facts to support its
counsel’s affidavit;
IT IS HEREBY ORDERED that Plaintiff’s motion for default judgment is DENIED.

Dated: 5/3/2012

/s/ Robert B. Kugler
ROBERT B. KUGLER
United States District Judge