LATTIG v. OZZ LAND, LLC et al

Filing 6

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

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,
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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

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