DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
THE BANK OF NOVA SCOTIA, 
Plaintiff, 
v. 
MALCOLM J. HARRIS; TERESITA 
HARRIS; U.S. DEPARTMENT OF 
TREASURY, INTERNAL REVENUE 
SERVICE 
Defendants. 
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Civil No. 2016-61 
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APPEARANCES: 
 
Matthew Reinhardt 
Quintairos, Prieto, Wood, & Boyer, P.A. 
Miami, FL 
 
For The Bank of Nova Scotia, 
 
Gretchen Shappert, United States Attorney 
Angela Tyson-Floyd, AUSUA 
St. Thomas, U.S.V.I. 
MLSPC 
 
For U.S. Department of Treasury, Internal Revenue Service. 
 
 
 
 
 
 
 
ORDER 
 
GÓMEZ, J. 
 
Before the Court is the motion of The Bank of Nova Scotia 
(“BNS”) for default judgment against Malcolm J. Harris and 
Teresita Harris (collectively, the “Harrises”).    
Case: 1:16-cv-00061-CVG-GWC   Document #: 23   Filed: 01/18/18   Page 1 of 3
The Bank of Nova Scotia v. Matthew J. Harris, et al. 
Civ. No. 2016-61 
Order 
Page 2 
 
Federal Rule of Civil Procedure 55(b)(2) allows courts to 
enter a default judgment against a properly served defendant who 
fails to file a timely responsive pleading. Anchorage Assoc. v. 
V.I. Bd. Of Tax Rev., 922 F.2d 168, 177 n.9 (3d Cir. 1990). A 
motion for entry of default judgment must contain evidence of 
the following: (1) that default was entered; (2) that the 
defendant has not appeared; (3) that the defendant is not an 
infant or incompetent; (4) that all pleadings were validly 
served upon the defendant; (5) the amount of judgment and how it 
was calculated; and (6) an affidavit of non-military service. 
See Bank of Nova Scotia v. Abdallah, No. CV 20012-0033, 2014 WL 
2976232, at *3 (D.V.I. July 1, 2014). 
As evidence that Malcolm Harris is not in military service, 
BNS has provided the Court with an affidavit from the Department 
of Defense, Manpower Data Center, which indicates that Malcolm 
Harris has never been on active duty for any branch of the 
United States Uniformed Services. See Mt. for Default, ECF No. 
13, Exh. 1; Mt. For Default J., ECF No. 21, Exh. 7; see also 
Aff. in Supp. of Default, ECF No. 13, Exh. 2 (“A search of the 
Department of Defense’s Manpower Database revealed that MALCOLM 
HARRIS . . . has [n]ever been an active duty servicemember of 
the U.S. Armed Forces.”). BNS has provided the Court with no 
evidence of Teresita Harris’s military status. 
Case: 1:16-cv-00061-CVG-GWC   Document #: 23   Filed: 01/18/18   Page 2 of 3
The Bank of Nova Scotia v. Matthew J. Harris, et al. 
Civ. No. 2016-61 
Order 
Page 3 
 
The premises considered, it is hereby 
ORDERED that BNS’s motion for default judgment docketed at 
ECF Number 21 is DENIED without prejudice. 
 
 
 
  
 
 
S\ 
 
 
 
 
 
 
  
 
 
Curtis V. Gómez 
 
District Judge 
Case: 1:16-cv-00061-CVG-GWC   Document #: 23   Filed: 01/18/18   Page 3 of 3