Hayes et al v. Burns et al

Filing 20

DENIAL OF DEFAULT: Plaintiffs have filed a Request for Entry of Default against Defendants Theresa Burns, Jeff L. Carter and Wilson and Associates 19 . The request as to Wilson & Associates is denied as that Defendant filed a Motion to Dismiss [7 ] which is pending before the Court. The request as to Defendants Burns and Carter also is denied as no returns of service have been filed with the Court and the Clerk cannot confirm they have been properly served. In addition, no affidavits of military service have been provided for Defendants Burns and Carter. Signed by Clerk of Court Keith Throckmorton on 5/15/13. (xc:Pro se party by regular and certified mail.)(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
Michael Hayes, et al.,
Plaintiffs,
v.
Theresa Burns, d/b/a Gap Community
Develpoment Resources, Inc., et al.
Defendants

)
) Case No. 3:13-cv-0028
)
) Judge Trauger
) Magistrate Judge Bryant
)
)
)
)
)

DENIAL OF DEFAULT
Plaintiffs have filed a Request for Entry of Default against Defendants Theresa Burns, Jeff L.
Carter and Wilson and Associates (Docket Entry No. 19). The request as to Wilson & Associates is
denied as that Defendant filed a Motion to Dismiss (Docket Entry No. 7) which is pending before the
Court. The request as to Defendants Burns and Carter also is denied as no returns of service have
been filed with the Court and the Clerk cannot confirm they have been properly served. In addition,
no affidavits of military service have been provided for Defendants Burns and Carter. Affidavits that
satisfy the requirements of the Servicemembers Civil Relief Act of 2003 (50 App. U.S.C. 501 et seq.)
must be provided. 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. Other factors, such as
the age of Defendant if beyond the age for service can be considered.

s/ Keith Throckmorton
Keith Throckmorton
Clerk of Court