Judge Susan Avery
Petitioners commenced these 25 summary non-payment proceedings seeking possession of residential premises' based on the allegations respondents failed to pay rent. They moved for a default judgment arguing respondents failed to appear or answer the petition, and remained in arrears. The court expressed concerns regarding the 31 affidavits of military status submitted for each of the 25 cases noting they read identically except as to names and times, were sworn to by the same person and the same date, and notarized by the same individual. It found each investigation as to respondents' military status or dependency was alleged to have been conducted personally with 25 different respondents on the same date within three hours and seven minutes, stating each respondent was not in active military service or dependent on anyone on active duty. The court was compelled to conduct further inquiry holding a decision on the submissions in abeyance pending a hearing to determine if the process server's allegation that each affidavit of respondents' military status was true. It ordered the process server to provide documents, including his log book and GPS records, to establish he personally visited each apartment, and had personal conversations with each individual.