Hayes v. Federal Deposit Insurance Corporation

Filing 10

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
FAYETTEVILLE DIVISION
CLIFFORD D. HAYES, individually
and as Trustee of the CLIFFORD
D. HAYES REVOCABLE LIVING TRUST
v.

PLAINTIFF

Case No. 5:09-CV-05122

FEDERAL DEPOSIT INSURANCE
CORPORATION, Receiver of ANB
Financial NA

DEFENDANT

DEFAULT JUDGMENT
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
without

any

judgment

having

been

entered,

the

instant

case

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
THEREFORE

ORDERED

AND

ADJUDGED

that

judgment

is

entered

for

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

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