Hammond v. Foster

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