The opinion of the court was delivered by: Noel L. Hillman, U.S.D.J.
MEMORANDUM OPINION & ORDER
This matter having come before the Court on plaintiff's motion for default judgment against all defendants, and defendants' motion to vacate the Clerk's entry of default; and
On November 22, 2008, plaintiff having filed her complaint against defendants for their alleged violation of the United States Housing Act of 1937, 42 U.S.C. 1437, et seq., the regulations promulgated thereunder at 24 C.F.R. Part 982, and the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution; and
Plaintiff specifically alleging that defendants improperly terminated her participation in the Section 8 Housing Choice Voucher Program, which caused her to become homeless for several days and suffer numerous other damages; and
On May 4, 2009, plaintiff requesting an extension of time in which to effect service on the defendants because her three attempts to serve them had been unsuccessful*fn1 ; and
The Court having granted plaintiff's request and ordering plaintiff to effect service within 20 days; and
Plaintiff having thereafter engaged a professional process server,*fn2 and on May 29, 2009, plaintiff having filed an affidavit of service as to all defendants; and
At plaintiff's request, on July 29, 2009, the Clerk having entered default as to the defendants for their failure to timely respond to plaintiff's complaint; and
On January 28, 2010, plaintiff having filed the instant motion for default judgment*fn3 against defendants, wherein she is seeking, inter alia, that defendants immediately reinstate her to the Section 8 Housing Choice Voucher Program; and
On March 5, 2010, defendants having filed a motion to vacate the Clerk's entry of default; and
Defendants contending that plaintiff's process server did not actually serve them, as evidenced by the inaccurate physical descriptions of the persons served and the incorrect address for service,*fn4 as well as the fact that plaintiff has not provided any evidence as to service upon Laurie Lynard, who defendants represent has retired and no longer works for the Housing Authority; and
Defendants therefore requesting that the Court vacate the Clerk's entry of default because they were not required to respond since they had not been properly served; and
Defendants further contending that plaintiff's representation that she properly served defendants as a basis for default and default ...