Fleetone Factoring, LLC v. International Air Cargo, LLC et al

Filing 16

DENIAL OF DEFAULT. Signed by Keith Throckmorton Clerk of Court on 2/11/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

IN THE UNITED STATES DISTRICT COURT
THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

Fleetone Factoring, LLC,
Plaintiff,
v.
International Air Cargo, LLC, et al.,
Defendants

)
) Case No. 3:12-cv-1079
)
) Judge Trauger
)
)
)
)
)

DENIAL OF DEFAULT
Pending is Plaintiff’s Request for Entry of Default against Defendant Giorgio Petrucci
(Docket Entry No. 13). It appears as if Defendant Petrucci has been served and has failed to answer
within the time period required by law. However, Plaintiff has not provided an affidavit of military
service as is required by the Servicemembers Civil Relief Act of 2003 (50 App. U.S.C. 501 et seq.).
The Act requires that affidavits be submitted that “state whether or not the Defendant is in military
service and showing facts necessary to support the affidavit” (emphasis added). Information on
the military status of an individual can be obtained at the Department of Defense website at
https://www.dmdc.osd.mil/appj/scra/. That website provides an on-line search utility (SSN required)
as well as a help button link that provides information on where requests for information can be sent
(no SSN required) to determine whether a particular individual is on active duty in the military.
Alternatively, a sworn statement or declaration from the Defendant or someone in a position to know

the military status of the individual could be accepted. If Plaintiff knows that Defendant is serving in
another position at the time default is sought, that fact will be considered. Other factors, such as the
age of Defendant if beyond the age for service can be considered.
Plaintiff may renew its request when it has provided an affidavit of military service as noted
above.
s/ Keith Throckmorton
Keith Throckmorton
Clerk of Court