govinfo:USCOURTS-njd-2_22-cv-02705-2

UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF NEW JERSEY 
SHERRY SCALERCIO-ISENBERG, 
Plaintiff, 
v. 
CREDIT SUISSE GROUP, SELECT 
PORTFOLIO SERVICING, INC. (SPS), 
MITCHELL SCOTT KURTZ, and 
ROBERT D. BAILEY, 
Defendants. 
 
 
Civ. No. No. 22-2705 (KM) (AME) 
 
 
ORDER 
 
 
 
 
 THIS MATTER having come before the Court on the motion of Plaintiff 
Sherry Scalercio-Isenberg (DE 18) for default judgment as to Defendant Select 
Portfolio Servicing, Inc. (“SPS”); the motion of plaintiff (DE 25) for default 
judgment as to Defendant Credit Suisse Group; the motion of SPS (DE 27) to 
dismiss the complaint under Rule 4(m); and the motion of Defendants Mitchell 
Scott Kurtz and Robert D. Bailey (DE 21) to dismiss the complaint under Rule 
12(b)(1) and Rule 12(b)(6); and the Court having considered the papers in 
support and in opposition (DE 18, 19, 20, 21, 22, 23, 24, 25, 27, 30); for the 
reasons stated in the accompanying Opinion, and good cause appearing 
therefor; 
 IT IS this 28th day of February, 2023,  
 ORDERED that plaintiff’s motion (DE 18) for entry of default judgment 
against SPS is DENIED; and it is further 
ORDERED, in light of the defective service against SPS, that SPS’s 
motion (DE 27) to dismiss the complaint is DENIED without prejudice to 
refiling or renewal as may become appropriate; and it is further 
ORDERED that plaintiff’s motion (DE 25) for entry of default judgment 
against Credit Suisse Group is DENIED; and it is further 
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ORDERED that Kurtz and Bailey’s motion (DE 21) to dismiss the 
complaint is GRANTED; and it is further 
ORDERED that dismissal of all claims against Kurtz and Bailey is 
without prejudice to the filing of a proposed amended complaint within 30 
days. If no proposed amended complaint is filed, this shall become a with-
prejudice dismissal. 
 
 
     /s/ Kevin McNulty 
 
____________________________________ 
     Kevin McNulty 
     United States District Judge 
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