H&R BLOCK BANK v. JBW HOLDINGS, LLC et al

Filing 14

ORDER denying 10 Motion for Default Judgment. Signed by Judge Robert B. Kugler on 2/23/2012. (dmr)

NOT FOR PUBLICATION

(Doc. No. 10)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
___________________________________
:
:
:
Plaintiff,
:
:
v.
:
:
JBW HOLDINGS, LLC, JAMES B.
:
WILSON, and JOANN L. CABALLERO, :
:
Defendant.
:
___________________________________ :
H&R BLOCK BANK,

Civil No. 11-3358 (RBK/KMW)
ORDER

THIS MATTER having come before the Court upon the motion of H&R Block Bank
(“Plaintiff”) for entry of final judgment by default against JBW Holdings, LLC, James B.
Wilson, and Joann L. Caballero (“Defendants”), and the Court having considered the Plaintiff’s
unopposed moving papers; and
IT APPEARING TO THE COURT that Plaintiff has filed for entry of final judgment
of default pursuant to Federal Rule of Civil Procedure 55(b)(2); and
IT FURTHER APPEARING TO THE COURT that default as to Defendants was
entered by the Clerk on August 10, 2011; and
IT FURTHER APPEARING TO THE COURT that some of the Defendants are
individuals; and
THE COURT NOTING that, “[w]here the defaulting defendant is an individual, the
plaintiff must satisfy the Servicemembers Civil Relief Act by submitting an affidavit of

nonmilitary service,” New Jersey Federal Civil Procedure 17-3:3.1 (eds. Robert E. Bartkus and
Elizabeth J. Sher, 2011); and
THE COURT NOTING that Plaintiff alleges, upon information and belief, that
Defendants are not members of the military;
THE COURT FINDING that Plaintiff’s allegation is insufficient to satisfy the
Servicemembers Civil Relief Act, 50 U.S.C. App. § 501 et seq.1;
IT IS HEREBY ORDERED that Plaintiff’s motion for entry of final judgment by
default is DENIED.

Dated: 2/23/12

1

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

For an affidavit to be sufficient, movant must contact “the various military services . . .
and [obtain] a certificate . . . from each of them confirming a defendant’s nonmilitary service.”
New Jersey Federal Civil Procedure 17-3:3.1 (eds. Robert E. Bartkus and Elizabeth J. Sher,
2011).