Order | Filed: September 01, 2026
| Entered: September 01, 2026
NEC Financial Services, LLC v. The Health & Wellness Centerr, LLC et al
Contract: Other | New York Eastern
Order on Motion for Default Judgment
ORDER deferring ruling on 31 Motion for Default Judgment (the "Motion"): The Court has previewed Plaintiff's Motion; it defers ruling on same for the following reasons. First, the Court finds the Motion fails to sufficiently comply with the Servicemembers Civil Relief Act (the "Act" or "SCRA"), which requires a movant to submit an affidavit stating "whether or not the defendant is in military service and showing necessary facts to support the affidavit." 50 U.S.C. § 3931 (b)(1)(A) (movant must file an affidavit "stating whether or not the defendant is in military service and showing necessary facts to support the affidavit"); see also Gustavia Home, LLC v. Derby, No. 16-CV-4260, 2017 WL 9989600, at *1 (E.D.N.Y. May 16, 2017) ("[c]ertification, as to SCRA, of a defendant's military status can be obtained from the Department of Defense's Servicemembers Civil Relief Act website: https://scra.dmdc.osd.mil."). Such a showing "may not be based on conclusory statements or on 'information and belief'." Georg Neumann GmbH v. GoToToolz, Ltd., No. 23-CV-5808, 2024 WL 3344013, at *3 (E.D.N.Y. July 9, 2024) (citation omitted). Here, counsel's statement as to the Individual Defendant, that she is "not presently in the military service of the United States as appears from facts in this litigation" (Romano Aff., ECF No. 29-1, para. 13; see also Romano Aff., ECF No. 31-2, para. 12), fails to show the requisite compliance with the Act. Second, to the extent Plaintiff seeks attorney fees, costs and disbursements, that request fails to comply with the requirements of Local Rule 55.2(c) since it offers no bases in support of those claims. See also, e.g., Prime Contractors Inc. v. APS Contractors Inc., 786 F. Supp.3d 524, 548 (E.D.N.Y. 2025); Gesualdi v. Bestech Transport, LLC, No, 14-CV-1110, 2022 WL 866853, at *2 (E.D.N.Y. Mar. 23, 2022).
Accordingly, Plaintiff shall have until September 18, 2026, to file an affidavit certifying compliance with the Act, including "necessary facts to support the affidavit", and to properly support its claims for attorney fees, costs and disbursements. PLAINTIFF IS ON NOTICE: Failure to timely comply with this Order will result in the Court ruling upon the Motion as currently submitted. Plaintiff is directed to serve a copy of this Order upon Defendants and file proof of said service. Ordered by Judge Joanna Seybert on 9/1/2026. (PAK)