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SERVICEMEMBERS CIVIL RELIEF ACT SCRA Public Law 108-189, 50 U.S.C. APP. 501et seq. Effective December 19, 2003 Technical

LEARNING OBJECTIVES. Identify SCRA issues in civil cases.Learn substantive and procedural requirements of the new SCRA.Discuss various means by which courts and agencies may foster the effective administration of justice in this area.. . . 2. . Who is John Wigmore? And, why is he historically important?.

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SERVICEMEMBERS CIVIL RELIEF ACT SCRA Public Law 108-189, 50 U.S.C. APP. 501et seq. Effective December 19, 2003 Technical

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    1. SERVICEMEMBERS CIVIL RELIEF ACT (SCRA) Public Law 108-189, 50 U.S.C. APP. 501et seq. Effective December 19, 2003 Technical Amendments, November 17, 2004 REVISED: Monday, February 06, 2012 STUDY GUIDE CHAPTER 2 ******************************************* *******************************************REVISED: Monday, February 06, 2012 STUDY GUIDE CHAPTER 2 ******************************************* *******************************************

    2. LEARNING OBJECTIVES Identify SCRA issues in civil cases. Learn substantive and procedural requirements of the new SCRA. Discuss various means by which courts and agencies may foster the effective administration of justice in this area.

    3. Who is John Wigmore? And, why is he historically important?

    4. (1) to provide for, strengthen, and expedite the national defense to enable SM’s to devote entire energy to defense needs of the Nation; and (2) to provide for temporary suspension of judicial and administrative proceedings and transactions that may adversely affect civil rights of SM’s during military service. PROTECTS PERSONNEL WHILE ON AD FROM NEGATIVE IMPACT OF SERVICE DUE TO MATERIAL INTERFERENCE OF SERVICE ON CIVIL RESPONSIBILITIES/DUTIES- PROVISIONS OF ACT INTENDED TO BE LIBERALLY CONSTRUED IN FAVOR OF SVCMBR INTENDED SOLELY FOR BENEFIT OF THOSE IN THE ARMED SVCS OF THE US WITH SOME DERIVATIVE BENEFITS TO DEPENDENTS PROTECTS PERSONNEL WHILE ON AD FROM NEGATIVE IMPACT OF SERVICE DUE TO MATERIAL INTERFERENCE OF SERVICE ON CIVIL RESPONSIBILITIES/DUTIES- PROVISIONS OF ACT INTENDED TO BE LIBERALLY CONSTRUED IN FAVOR OF SVCMBR INTENDED SOLELY FOR BENEFIT OF THOSE IN THE ARMED SVCS OF THE US WITH SOME DERIVATIVE BENEFITS TO DEPENDENTS

    5. CONGRESS ON SSCRA “The Shylock, to whom his pound of flesh is dearer than patriotism, is not the only man against whom the soldier must be given relief.” House Military Affairs Subcommittee Report, 1917

    6. SUPREME COURT ON SSCRA “Protect those who have been obliged to drop their own affairs to take up the burdens of the nation” Boone v. Lightner 319 U.S. 561, 575 (1943)

    7. LIBERAL CONSTRUCTION “The Act should be read "with an eye friendly to those who dropped their affairs to answer their country's call.” Le Maistre v. Leffers, 333 U.S. 1, 6 (1948)

    8. NEW, IMPROVED SCRA On 19 December 2003, President Bush signed the SCRA, a complete revision of the SSCRA. The SCRA was written to: clarify the language of the SSCRA to incorporate and codify many years of judicial interpretation of the SSCRA to update the SSCRA to reflect developments in American life since 1940

    9. SERVICEMEMBER Active Duty Military of 5 services - includes Reserves and NG under Title 10 (NEW) National Guard under 32 U.S.C. §502(f) Public Health Service Officers National Oceanic & Atmospheric Officers DEPENDENTS SM’s spouse or child (NEW) Person that SM provided more than 1/2 support for 180 days preceding application for relief under act DEFINITIONS -- §511 SOLDIER/SAILOR NOT COVERED WHEN IN BRIG/JAIL OR EXTENDED UA: Court-Martial - Soldier serving sentence for violent assault has divested himself or herself of protections of the Act. Mantz v. Mantz, 69 N.E. 2d 637 (Ohio C.P. 1946). UA - Depends on reasons for UA:Soldier who "extended furlough" to attend birth of child still entitled to protection. Shayne v. Burke, 27 So.2d 751 (Fla. 1946). Soldier AWOL with whereabouts unknown not entitled to SSCRA protection. Harriott v. Harriott, 511 A.2d 1264 (N.J. 1986), and U.S. v. Hampshire, 95 F.3d 999 (10th Cir. 1996), related case, Marriage of Hampshire, 934 P.2d 58 (Kan. 1997). Self-inflicted injury. Marine who was hospitalized as a result of a self-inflicted gunshot wound not entitled to use SSCRA to stay judicial proceedings. Burbach v. Burbach, 651 N.E.2d 1158 (Ind.App., 1995). RESERVISTS IN RECEIPT OF ORDERS HAVE PROTECTIONS UNDER ART I; II; III - ONCE ON AD ENTITLED TO ALL PROTECTIONS OF ACT §511, §516. NATIONAL GUARD COVERED WHEN ON ORDERED TO FEDERAL (NOT STATE) SERVICE IF MBR ENTITLED TO STAY PROVISIONS- CT IN ITS DISCRETION MAY STAY ACTION AGAINST PERSON SECONDARILY LIABLE. CIVILIAN WHO MAY BE CO-PARTY IN SUIT.SOLDIER/SAILOR NOT COVERED WHEN IN BRIG/JAIL OR EXTENDED UA: Court-Martial - Soldier serving sentence for violent assault has divested himself or herself of protections of the Act. Mantz v. Mantz, 69 N.E. 2d 637 (Ohio C.P. 1946). UA - Depends on reasons for UA:Soldier who "extended furlough" to attend birth of child still entitled to protection. Shayne v. Burke, 27 So.2d 751 (Fla. 1946). Soldier AWOL with whereabouts unknown not entitled to SSCRA protection. Harriott v. Harriott, 511 A.2d 1264 (N.J. 1986), and U.S. v. Hampshire, 95 F.3d 999 (10th Cir. 1996), related case, Marriage of Hampshire, 934 P.2d 58 (Kan. 1997). Self-inflicted injury. Marine who was hospitalized as a result of a self-inflicted gunshot wound not entitled to use SSCRA to stay judicial proceedings. Burbach v. Burbach, 651 N.E.2d 1158 (Ind.App., 1995). RESERVISTS IN RECEIPT OF ORDERS HAVE PROTECTIONS UNDER ART I; II; III - ONCE ON AD ENTITLED TO ALL PROTECTIONS OF ACT §511, §516. NATIONAL GUARD COVERED WHEN ON ORDERED TO FEDERAL (NOT STATE) SERVICE IF MBR ENTITLED TO STAY PROVISIONS- CT IN ITS DISCRETION MAY STAY ACTION AGAINST PERSON SECONDARILY LIABLE. CIVILIAN WHO MAY BE CO-PARTY IN SUIT.

    10. COURT INCLUDES All Courts (NEW) All Administrative Agencies (NEW) Whether or not of record Adding Administrative Agencies is a huge expansion of coverage under the SCRA – none of the agencies know this is coming DEFINITIONS -- §511 SOLDIER/SAILOR NOT COVERED WHEN IN BRIG/JAIL OR EXTENDED UA: Court-Martial - Soldier serving sentence for violent assault has divested himself or herself of protections of the Act. Mantz v. Mantz, 69 N.E. 2d 637 (Ohio C.P. 1946). UA - Depends on reasons for UA:Soldier who "extended furlough" to attend birth of child still entitled to protection. Shayne v. Burke, 27 So.2d 751 (Fla. 1946). Soldier AWOL with whereabouts unknown not entitled to SSCRA protection. Harriott v. Harriott, 511 A.2d 1264 (N.J. 1986), and U.S. v. Hampshire, 95 F.3d 999 (10th Cir. 1996), related case, Marriage of Hampshire, 934 P.2d 58 (Kan. 1997). Self-inflicted injury. Marine who was hospitalized as a result of a self-inflicted gunshot wound not entitled to use SSCRA to stay judicial proceedings. Burbach v. Burbach, 651 N.E.2d 1158 (Ind.App., 1995). RESERVISTS IN RECEIPT OF ORDERS HAVE PROTECTIONS UNDER ART I; II; III - ONCE ON AD ENTITLED TO ALL PROTECTIONS OF ACT §511, §516. NATIONAL GUARD COVERED WHEN ON ORDERED TO FEDERAL (NOT STATE) SERVICE IF MBR ENTITLED TO STAY PROVISIONS- CT IN ITS DISCRETION MAY STAY ACTION AGAINST PERSON SECONDARILY LIABLE. CIVILIAN WHO MAY BE CO-PARTY IN SUIT.SOLDIER/SAILOR NOT COVERED WHEN IN BRIG/JAIL OR EXTENDED UA: Court-Martial - Soldier serving sentence for violent assault has divested himself or herself of protections of the Act. Mantz v. Mantz, 69 N.E. 2d 637 (Ohio C.P. 1946). UA - Depends on reasons for UA:Soldier who "extended furlough" to attend birth of child still entitled to protection. Shayne v. Burke, 27 So.2d 751 (Fla. 1946). Soldier AWOL with whereabouts unknown not entitled to SSCRA protection. Harriott v. Harriott, 511 A.2d 1264 (N.J. 1986), and U.S. v. Hampshire, 95 F.3d 999 (10th Cir. 1996), related case, Marriage of Hampshire, 934 P.2d 58 (Kan. 1997). Self-inflicted injury. Marine who was hospitalized as a result of a self-inflicted gunshot wound not entitled to use SSCRA to stay judicial proceedings. Burbach v. Burbach, 651 N.E.2d 1158 (Ind.App., 1995). RESERVISTS IN RECEIPT OF ORDERS HAVE PROTECTIONS UNDER ART I; II; III - ONCE ON AD ENTITLED TO ALL PROTECTIONS OF ACT §511, §516. NATIONAL GUARD COVERED WHEN ON ORDERED TO FEDERAL (NOT STATE) SERVICE IF MBR ENTITLED TO STAY PROVISIONS- CT IN ITS DISCRETION MAY STAY ACTION AGAINST PERSON SECONDARILY LIABLE. CIVILIAN WHO MAY BE CO-PARTY IN SUIT.

    11. (NEW) SCRA applies to all courts & administrative agencies – federal, state and local -- ALL MEANS ALL If you thought it was hard before, think of all those ALJs who have never heard of SCRA. SCRA applies to civil cases only TREND TOWARD FAMILY COURT CASES BEING TRIED IN ADMINISTRATIVE FORUM WHERE SSCRA PROTECTIONS INAPPLICABLE. KEY CONCEPT - MATERIAL AFFECT REQUIRES A SHOWING THAT THE SERVICE MEMBER'S MILITARY SERVICE HAS MATERIALLY AFFECTED THE SERVICE MEMBER'S ABILITY TO FULFILL THE CIVIL OBLIGATION. GEOGRAPHICAL LOCATION/OPERATIONAL NECESSITY PROHIBITS APPEARANCE MBR SUFFERS ECONOMIC HARDSHIP FROM DECREASED INCOME GOOD FAITH -- AVOIDANCE OF LEGAL RESP OR SERIOUSLY UNABLE TO COMPLY W/ OBLIGATIONS DUE TO MILITARY SERVICETREND TOWARD FAMILY COURT CASES BEING TRIED IN ADMINISTRATIVE FORUM WHERE SSCRA PROTECTIONS INAPPLICABLE. KEY CONCEPT - MATERIAL AFFECT REQUIRES A SHOWING THAT THE SERVICE MEMBER'S MILITARY SERVICE HAS MATERIALLY AFFECTED THE SERVICE MEMBER'S ABILITY TO FULFILL THE CIVIL OBLIGATION. GEOGRAPHICAL LOCATION/OPERATIONAL NECESSITY PROHIBITS APPEARANCE MBR SUFFERS ECONOMIC HARDSHIP FROM DECREASED INCOME GOOD FAITH -- AVOIDANCE OF LEGAL RESP OR SERIOUSLY UNABLE TO COMPLY W/ OBLIGATIONS DUE TO MILITARY SERVICE

    12. Applies only if defendant has not appeared Plaintiff’s Affidavit Whether or not defendant is in military; or (NEW) If unable to determine status - court may require plaintiff to post bond (NEW) If defendant is a military member, court cannot enter default judgment until attorney is appointed to represent military member 50 USCS App. § 520 AFFIDAVIT MANDATORY, NOT DISCRETIONARY - CRIMINAL SANCTIONS - FINE OF $100 K AND UP TO 1YR IN JAIL (§520(2)) IF NO AFFIDAVIT, CT MAY NOT ENTER JUDG AGAINST DEFEND UNTIL IT HAS APPOINTED AN ATTORNEY TO REPRESENT THE MBR AND PROTECT MBR’S INT. CT MAY ALSO REQUIRE P TO FILE A BOND TO INDEMNIFY THE D, IF HE/SHE IS IN MILITARY SERVICE, AGAINST ANY DA THAT HE/SHE MAY SUFFER IN THE DEFAULT JUDGEMENT SHOULD LATER BE SET ASIDE IN WHOLE OR IN PART. CT APPTD ATTY – MAY BE APPOINTED TO LOCATE DEFENDANT; DETERMINE IF SVCMBR; REQUEST STAY; APPOINTED ATTY NOT ENTITLED TO FEES UNDER SSCRA (EXCEPT ALASKA COURT CASE REQUIRED PMT UNDER CIV PRO RULES) "APPEARANCE" AS USED IN 50 USCS APPENDIX § 520 EMBRACES CONCEPT OF VOLUNTARY SUBMISSION TO JURISDICTION IN WHATEVER FORM MANIFESTED. 50 USCS App. § 520 AFFIDAVIT MANDATORY, NOT DISCRETIONARY - CRIMINAL SANCTIONS - FINE OF $100 K AND UP TO 1YR IN JAIL (§520(2)) IF NO AFFIDAVIT, CT MAY NOT ENTER JUDG AGAINST DEFEND UNTIL IT HAS APPOINTED AN ATTORNEY TO REPRESENT THE MBR AND PROTECT MBR’S INT. CT MAY ALSO REQUIRE P TO FILE A BOND TO INDEMNIFY THE D, IF HE/SHE IS IN MILITARY SERVICE, AGAINST ANY DA THAT HE/SHE MAY SUFFER IN THE DEFAULT JUDGEMENT SHOULD LATER BE SET ASIDE IN WHOLE OR IN PART. CT APPTD ATTY – MAY BE APPOINTED TO LOCATE DEFENDANT; DETERMINE IF SVCMBR; REQUEST STAY; APPOINTED ATTY NOT ENTITLED TO FEES UNDER SSCRA (EXCEPT ALASKA COURT CASE REQUIRED PMT UNDER CIV PRO RULES) "APPEARANCE" AS USED IN 50 USCS APPENDIX § 520 EMBRACES CONCEPT OF VOLUNTARY SUBMISSION TO JURISDICTION IN WHATEVER FORM MANIFESTED.

    13. (NEW) Court SHALL reopen a default judgment entered while SM on active duty or within 60 days thereafter, when SM applies while on active duty or within 90 days thereafter, and shows Material affect, plus Meritorious defense BONA FIDE purchasers protected (e.g., UCC) 50 USCS App. § 520 JUDGMENT VOIDABLE, NOT VOID UPON SHOWING OF PREJUDICE UPON REOPENING LTR TO REQUEST REOPEN - HOTDOCS WHAT HAPPENS IF DEFAULT JUDGEMENT ENTERED INTO IN VIOLATION OF SSCRA VACATING, SETTING ASIDE OR REVERSING ANY JUDGMENT B/C OF ANY OF THE PROVISIONS OF THE ACT SHALL NOT IMPAIR ANY RIGHT OR TITLE ACQUIRED BY ANY BONA FIDE PURCHASER FOR VALUE UNDER SUCH JUDGEMENT. §520(4)50 USCS App. § 520 JUDGMENT VOIDABLE, NOT VOID UPON SHOWING OF PREJUDICE UPON REOPENING LTR TO REQUEST REOPEN - HOTDOCS WHAT HAPPENS IF DEFAULT JUDGEMENT ENTERED INTO IN VIOLATION OF SSCRA VACATING, SETTING ASIDE OR REVERSING ANY JUDGMENT B/C OF ANY OF THE PROVISIONS OF THE ACT SHALL NOT IMPAIR ANY RIGHT OR TITLE ACQUIRED BY ANY BONA FIDE PURCHASER FOR VALUE UNDER SUCH JUDGEMENT. §520(4)

    14. NEW STAY PROVISION OF §522 If defendant is in military, court SHALL stay proceedings Minimum 90 Days on application of counsel or court’s own motion Court must determine that there may be a defense that cannot be presented without presence of defendant; or after due diligence counsel has been unable to contact defendant or otherwise determine if a meritorious defense exists

    15. (NEW) Temporary delay in civil actions until SM-plaintiff or defendant can appear (different from old law) During period of service plus 90 days Servicemember has received notice of proceeding (NEW) Automatic 90 day stay if: SM shows military duty materially affects ability to appear, and date when can appear Commanding officer writes letter stating duty prevents appearance and leave not authorized 50 USC APP521, 524 LENGTH OF SERVICE PLUS 3 MOS, NORMALLY UPON COMPLETION OF OPERATION OR RETURN FROM DISTANT GEOGRAPHIC LOCATION BOONE V. LIGHTNER, 319 U.S. 561 (1943) - AT DISCRETION OF TRIAL COURT. AS A PRACTICAL MATTER - ASSUME BURDEN IS ON THE SERVICE MEMBER TO SHOW SERVICE HAS MATERIALLY AFFECTED HIS/HER ABILITY TO APPEAR IN COURT. Geographic prejudice: no leave; no excess leave; deployed;member’s presence is mission-essential Economic prejudice: member unable to spend/borrow $ to travel to court (e.g. stationed overseas) The letter should come from the command. A letter by an attorney could be considered an appearance by the service member and could subject the service member to the jurisdiction of the court.50 USC APP521, 524 LENGTH OF SERVICE PLUS 3 MOS, NORMALLY UPON COMPLETION OF OPERATION OR RETURN FROM DISTANT GEOGRAPHIC LOCATION BOONE V. LIGHTNER, 319 U.S. 561 (1943) - AT DISCRETION OF TRIAL COURT. AS A PRACTICAL MATTER - ASSUME BURDEN IS ON THE SERVICE MEMBER TO SHOW SERVICE HAS MATERIALLY AFFECTED HIS/HER ABILITY TO APPEAR IN COURT. Geographic prejudice: no leave; no excess leave; deployed;member’s presence is mission-essential Economic prejudice: member unable to spend/borrow $ to travel to court (e.g. stationed overseas) The letter should come from the command. A letter by an attorney could be considered an appearance by the service member and could subject the service member to the jurisdiction of the court.

    16. (NEW) Application for a stay under §522 does not constitute an appearance for jurisdictional purposes and does not constitute a waiver of any substantive or procedural defense (including a defense relating to lack of personal jurisdiction) Legislative removal of legal conundrum CLARIFICATION OF “APPEARANCE”

    17. (NEW) SM may apply for additional stay based on continuing material affect of military duty on SM’s ability to prosecute or defend the action (NEW) If Court does not grant additional stay, it shall appoint counsel to represent SM Query: attorney’s duties, who pays fee? EXTENSION OF STAY

    18. SCRA What is material effect? Define it:

    19. RIGHT TO TERMINATE LEASES §535 – HOME, BUSINESS, AUTO (NEW) SCRA provisions on lease cancellation are significantly different from the old SSCRA May apply regardless of whether lease is pre-service or not Takes into consideration the realities of long-term deployments on both active duty and Guard/Reserve members

    20. RIGHT TO TERMINATE LEASES §535 – HOME, BUSINESS, AUTO (CONT.) Adds ability to cancel vehicle leases in certain situations 1. From Conus to Oconus 2. From state outside Conus (Alaska/Hawaii) to Conus Any Military order to deploy (no time limit)(inidividual or unit orders) Obviates the need for “military clauses” in leases Continues criminal penalties for noncompliance by lessors

    21. TERMINATION OF PREMISES LEASES §535 Applies to pre-service leases or premises; or (NEW) Premises leases signed by SM (or on SM’s behalf) after entering military service when SM receives OCONUS PCS orders or deployment orders for not less than 90 days Qualifying lease is terminated by delivery of written notice with copy of orders to lessor or lessor’s agent (hand delivery, mail, FedEx) SM’s termination of lease shall terminate any obligation a dependent may have under lease (spouse) (Technical Amendment)

    22. TERMINATION OF VEHICLE LEASES Pre-service vehicle leases If SM is called up or enters service for 180 days or more; or Vehicle lease executed after service commences if: SM receives OCONUS to Conus or Conus to Oconus PCS orders or SM receives deployment orders; either unit or individual Notice of termination must be in writing, delivered to lessor (or lessor’s agent or grantee) along with copy of military orders (by hand, mail or FedEx)

    23. TERMINATION OF VEHICLE LEASES (con’t.) Vehicle must be surrendered within 15 days of termination notice Lease terminated effective date vehicle surrendered No penalties allowed for early termination Misdemeanor to wrongfully retain personal property or security deposit Leasing companies are totally clueless of this new section

    24. MAXIMUM RATE OF INTEREST §527 PRE-SERVICE loans incurred by SM, or SM and spouse jointly Cap of 6% per annum; (NEW) all excess FORGIVEN Have to recompute payments at 6% rate Cap rescinded if creditor shows no material affect (NEW) SM must give written notice w/copy of orders Private right of action – Cathey v. First Republic Bank

    25. ANTICIPATORY RELIEF §591 Anticipatory relief available for: Pre-service obligations; or Taxes or assessments arising during period of service Contract for purchase of real property or secured by mortgage Any other obligation, tax, or assessment Must show material affect Apply during service or within 180 days after No penalties may be imposed for claiming protections of SCRA EX: Capt. A, Reservist, called to active duty in year two of 30 year mortgage, and served four years of AD, upon application for a Section 590 stay order modifying his mortgage payments (ex: lowering them), the court could order the lowered mortgage payments during the period of service (4 years) and for an additional four years thereafter (a period equal to the period of service), provided that over the remaining life of the mortgage (remaining 20 years left) the deferred amount was repaid with interest along with the payments as they came due at the original amount for those last 20 years of the mortgage. EX. Capt. A, with auto on new 60 month lease, called to AD and serves 2 years. Section 590 stay order could modify or stay lease payments for period of service (2 years) plus another 2 years thereafter, provided that the deferred amounts were repaid (w/ interest) during the remaining period of the lease, along with the new payments as they accrue. That means, however, that the servicemember only has 12 months to repay the entire amount of the lease plus interest. May request to stay obligation to pay during 2 yr. period of service to encourage lessor to terminate lease.EX: Capt. A, Reservist, called to active duty in year two of 30 year mortgage, and served four years of AD, upon application for a Section 590 stay order modifying his mortgage payments (ex: lowering them), the court could order the lowered mortgage payments during the period of service (4 years) and for an additional four years thereafter (a period equal to the period of service), provided that over the remaining life of the mortgage (remaining 20 years left) the deferred amount was repaid with interest along with the payments as they came due at the original amount for those last 20 years of the mortgage. EX. Capt. A, with auto on new 60 month lease, called to AD and serves 2 years. Section 590 stay order could modify or stay lease payments for period of service (2 years) plus another 2 years thereafter, provided that the deferred amounts were repaid (w/ interest) during the remaining period of the lease, along with the new payments as they accrue. That means, however, that the servicemember only has 12 months to repay the entire amount of the lease plus interest. May request to stay obligation to pay during 2 yr. period of service to encourage lessor to terminate lease.

    26. KEY CONCEPTS Protection of rights, not avoidance of responsibility “Material affect”-- prerequisite for most SCRA protections Invocation of protections cannot be used against servicemember or dependant Private causes of action apparently recognized Criminal sanctions continued for Title III Liberal construction should still be the rule Private Cause of Action: See Cort v. Ash, 422 US 66 (1975) 4-part test to determine whether a private cause of action exists. Successful: Moll v. Ford Consumer Finance, (E.D. ILL. Mar 16, 1998) Marin v. Armstrong (ND Tex Sep 1, 1998) Cathy v. First Republic Bank WD LA 2001 LA On 13 September 2001, the Deputy Assistant Attorney General for DOJ's Civil Division approved the request for representation of a CG member against a creditor who refused to lower the interest rate on a pre-service debt. DOJ found that it was in the interest of the United States to provide representation, which has been delegated to the U.S. Attorney's Office for the District of Hawaii. D14(dl) and this office are ready to support the U.S. Attorney's Office, as necessary. (LT Cavallaro, LT Murakami) POC LT Murakami in D14.Private Cause of Action: See Cort v. Ash, 422 US 66 (1975) 4-part test to determine whether a private cause of action exists. Successful: Moll v. Ford Consumer Finance, (E.D. ILL. Mar 16, 1998) Marin v. Armstrong (ND Tex Sep 1, 1998) Cathy v. First Republic Bank WD LA 2001 LA On 13 September 2001, the Deputy Assistant Attorney General for DOJ's Civil Division approved the request for representation of a CG member against a creditor who refused to lower the interest rate on a pre-service debt. DOJ found that it was in the interest of the United States to provide representation, which has been delegated to the U.S. Attorney's Office for the District of Hawaii. D14(dl) and this office are ready to support the U.S. Attorney's Office, as necessary. (LT Cavallaro, LT Murakami) POC LT Murakami in D14.

    27. CAVALRY Department of Justice— See DOJ letters by Assistant AG (Civil Division) Stuart M. Gerson to DOD General Counsel (March 12, 1991) and to U.S. attorneys (March 11, 1991) Professor Gregory M. Huckabee ghuckabe@usd.edu or (605) 677-5536 http://www.usd.edu/~ghuckabe/scramain.htm

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