Filing 6

MEMORANDUM ORDER denying 5 Motion for Default Judgment. Signed by Judge Joseph H. Rodriguez on 3/6/2018. (tf, )

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY KRYSTAL LATTIG, on behalf of herself : and those similarly situated : Plaintiffs, : v. Hon. Joseph H. Rodriguez Civil Action No. 17-6351 MEMORANDUM ORDER : OZZ LAND, LLC, a Domestic Limited Liability Company d/b/a DEEPWATER : DINER and ALAYYIDDIN OZDEMIR : Defendants. : This matter having come before the Court on Plaintiff Krystal Lattig’s motion seeking entry of default judgment [Dkt. No. 5] against Defendants Ozz Land, LLC, a Domestic Limited Liability Company d/b/a Deepwater Diner and Alayyiddin Ozdemir, pursuant to Rule 55 of the Federal Rules of Civil Procedure; and the Court having considered the written submissions filed in support of the Motion for Default Judgment; and The Court finding that Plaintiff’s submission is deficient in that there is not an affidavit and/or proof showing valid service was made on the particular defendants in accordance with Fed.R.Civ.P. 4 and by way of incorporation, the New Jersey Court Rules governing service; and The Court further finding that the motion is deficient in that it fails to append an affidavit of non-military service in compliance with the Soldiers and Sailors' Relief Act, 1 see Fed. R. Civ. P. 55(b)(2); 50 U.S.C. App. § 501 et seq. (2006) (codification of the Servicemembers Civil Relief Act of 2003); Ciasulli v. Hartmann, No. 08–5544, 2009 WL 150668, at *1 (D.N.J. Jan. 21, 2009) (citation omitted); as a result IT IS on this 6th day of March, 2018 hereby ORDERED that Plaintiff’s Motion for Default Judgment [Dkt. No. 5] is DENIED. s/ Joseph H. Rodriguez Hon. Joseph H. Rodriguez, UNITED STATES DISTRICT JUDGE 2

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