Hammond v. Foster
This text of Hammond v. Foster (Hammond v. Foster) is published on Counsel Stack Legal Research, covering Vermont Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
VERMONT SUPERIOR COURT CIVIL DIVISION Windsor Unit Case No. 24-CV-01022 12 The Green Woodstock VT 05091 802-457-2121 www.vermontjudiciary.org
Mark Hammond v. Jerrod Foster
ENTRY REGARDING MOTION Title: Motion for Default Judgment (Motion: 1) Filer: Jack Gabriel Kauders Filed Date: August 13, 2024
A motion for default judgment requires "an affidavit as required by section 201(b)(1) of the Servicemembers Civil Relief Act, 50 U.S.C. app. 521, stating whether or not the opposing party is in military service and showing necessary facts to support the affidavit or stating that the moving party is unable to determine whether or not the opposing party is in military service." Vt. R. Civ. P. 55(c)(5). Here, plaintiff's affidavit avers "on information and belief" that defendant is not a person in military service, but the affidavit contains no information revealing the basis of plaintiff's belief, nor the nature of any investigation undertaken by plaintiff, nor the time at which this investigation was undertaken. U.S. Bank v. Coaxum, 2003 WL 22518107 (N.Y. Sup. Ct. Oct. 31, 2003). As such, the court cannot determine whether to make the finding that is required by federal law. Plaintiff may supplement the motion with either the required information or the results of a query of the electronic database within 14 days of the file-stamped date of this order. If no supplement is filed by that time, the motion for default judgment will be denied.
Electronically signed on Sunday, August 18, 2024 pursuant to V.R.E.F. 9(d). x
H. Dickson Corbett Superior Court Judge Vermont Superior Court Filed 08/20/24 Windsor Unit
Entry Regarding Motion Page lof1 24-CV-01022 Mark Hammond v. Jerrod Foster
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