Hayes v. Federal Deposit Insurance Corporation
DEFAULT JUDGMENT in favor of Clifford D. Hayes against Federal Deposit Insurance Corporation in the amount of $84,959.22. Signed by Honorable Paul K. Holmes, III on July 18, 2011. (tg)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
CLIFFORD D. HAYES, individually
and as Trustee of the CLIFFORD
D. HAYES REVOCABLE LIVING TRUST
Case No. 5:09-CV-05122
FEDERAL DEPOSIT INSURANCE
CORPORATION, Receiver of ANB
Currently before the Court is Plaintiff’s Motion for Default
Judgment as to Defendant. (Doc. 9). Plaintiff Clifford D. Hayes had
previously filed a Motion for Default Judgment to be entered by the
Court Clerk in accordance with Federal Rule of Civil Procedure
55(b)(1). Hayes sought a sum certain of $84,959.22, as set forth in
the affidavit accompanying the motion. Instead of entering a
judgment, however, it appears from the record that the Court Clerk
merely entered Defendant Federal Deposit Insurance Corporation’s
(“FDIC”) default under Rule 55(a). After the entry of default, and
languished for a year and a half, eventually being reassigned to
the undersigned. Hayes then filed a second Motion for Default
Judgment, seeking entry of default judgment by the Court under
Federal Rule of Civil Procedure 55(b)(2).
Upon review of Hayes’ Motion, and the record as a whole, the
Court finds that FDIC has failed to appear or otherwise defend this
action in the more than two years since it was commenced; Hayes’
claim is for a sum certain; and Hayes has shown by affidavit that
FDIC is indebted to Hayes in the principal sum of $84,959.22. IT IS
Plaintiff, Clifford D. Hayes individually and as Trustee of the
Clifford D. Hayes Revocable Living Trust, against the Defendant
FDIC, Receiver of ANB Financial NA, the sum of $84,959.22 plus
costs and interest according to law from the date of this judgment
until the entire amount is paid.
IT IS SO ORDERED this 18th day of July 2011.
/s/Paul K. Holmes, III
PAUL K. HOLMES, III
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?