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State Farm Mut. Auto. Ins. Co. v. Lampila

United States District Court, Middle District of Florida
Aug 24, 2023
2:23-cv-342-SPC-KCD (M.D. Fla. Aug. 24, 2023)

Opinion

2:23-cv-342-SPC-KCD

08-24-2023

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, v. JEFFREY LAMPILA and SIESTA PEBBLE, INC., Defendants.


ORDER

Kyle C. Dudek, United States Magistrate Judge

Before the Court is Plaintiff's Motion for Default Judgment (Doc. 14.) Because the motion fails to comply with the Servicemembers Civil Relief Act, 50 U.S.C. § 3931, it is denied without prejudice.

“[A] magistrate judge ha[s] authority to deny [a] motion for default judgment.” Franklin v. Parnell, 461 Fed.Appx. 823, 825 n.2 (11th Cir. 2011) (citing 28 U.S.C. § 636(b)(1)(A)).

Under the Servicemembers Civil Relief Act, for “any civil action . . . in which the defendant does not make an appearance,” the court, “before entering judgment for the plaintiff, shall require the plaintiff to file with the court an affidavit-(A) stating whether or not the defendant is in military service and showing necessary facts to support the affidavit; or (B) if the plaintiff is unable to determine whether or not the defendant is in military service, stating that the plaintiff is unable to determine whether or not the defendant is in military service.” 50 U.S.C. § 3931(b)(1). “The requirement for an affidavit . . . may be satisfied by a statement, declaration, verification, or certificate, in writing, subscribed and certified or declared to be true under penalty of perjury.” Id. § 3931(b)(4).

Here, State Farm does not state whether Jeffrey Lampila is in the military service of the United States. Based on the statutory language, State Farm must submit an affidavit that provides necessary facts to support that Lampila is not a service member. See Southeast Farms, Inc. v. Watkins, No. 3:19-cv-565-J-32MCR, 2019 WL 13155429 (M.D. Fla. Oct. 28, 2019). The Court has no such facts here.

Accordingly, it is now

ORDERED: Plaintiff's Motion for Default Judgment (Doc. 14) is DENIED WITHOUT PREJUDICE. Any renewed motion for default judgment must be filed by September 1, 2023.


Summaries of

State Farm Mut. Auto. Ins. Co. v. Lampila

United States District Court, Middle District of Florida
Aug 24, 2023
2:23-cv-342-SPC-KCD (M.D. Fla. Aug. 24, 2023)
Case details for

State Farm Mut. Auto. Ins. Co. v. Lampila

Case Details

Full title:STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, v. JEFFREY…

Court:United States District Court, Middle District of Florida

Date published: Aug 24, 2023

Citations

2:23-cv-342-SPC-KCD (M.D. Fla. Aug. 24, 2023)