HICA Education Loan Corporation v. Wanner
Filing
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ORDER by Judge Saundra Brown Armstrong ACCEPTING 25 REPORT AND RECOMMENDATION AND ENTERING DEFAULT JUDGMENT. (ndr, COURT STAFF) (Filed on 9/13/2013)
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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10 HICA EDUCATION LOAN
Case No: C 12-4156 SBA
CORPORATION,
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Plaintiff,
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ORDER ACCEPTING REPORT
AND RECOMMENDATION AND
ENTERING DEFAULT JUDGMENT
vs.
Dkt. 25
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LAURENT E. WANNER,
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Defendant.
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On August 7, 2012, Plaintiff HICA Educational Loan Corp. (“HICA”) filed the
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instant action to recover the unpaid balance of a student loan made to Defendant Laurent E.
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Wanner. Dkt. 1. Upon filing, the action was assigned to Magistrate Judge Nandor Vadas
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(“the Magistrate”). Defendant did not file an answer or otherwise respond to the
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Complaint. Thus, at Plaintiff’s request and in accordance with Federal Rule of Civil
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Procedure 55(a), the Clerk entered default against Defendant on October 11, 2012. Dkt. 8.
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On October 19, 2012, HICA filed a motion for default judgment. Dkt. 9. On
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October 31, 2012, the Magistrate issued a report and recommendation on the motion for
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default judgment in which he recommended that the Court order Plaintiff to supplement its
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claim for damages. Dkt. 11. The case was reassigned to the undersigned, who accepted the
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Magistrate’s recommendation. Dkt. 21. HICA provided the supplemental information and
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the matter was referred to the Magistrate for a further report and recommendation. Dkt. 23.
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On February 5, 2013, the Magistrate issued a second report and recommendation in
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which he found that HICA had satisfactorily substantiated its damage calculations. Dkt.
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25. The salient portion of the Magistrate’s order states:
For the reasons stated above and in Doc. No. 11, the
undersigned recommends that judgment in favor of HICA and
against Wanner be entered as follows:
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(1) Unpaid principal in the amount of $40,046.58;
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(2) Accrued unpaid interest through November 28, 2012
in the amount of $8,647.03;
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(3) Accrued unpaid interest between November 29, 2012
and January 31, 2013 in the amount of $215.46;
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(4) Accrued unpaid interest between February 1, 2013
and the date the district court enters judgment in the
amount of $3.42 per day;
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(5) Post-judgment interest at the variable rate agreed
upon by the parties, to wit, “the ninety-one day U.S.
Treasury Bill auctioned during the preceding quarter,
plus three percent, rounding this figure up to the nearest
one-eighth of one percent.” See Doc. No. 22 at ¶ 9. As of
November 28, 2012, that rate was 3.125%, but will vary
if the rate of the ninety-one day U.S. Treasury Bill
fluctuates.
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Dkt. 25 at 2.
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The deadline to file an objection to the report and recommendation was February 19,
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2013. See Fed. R. Civ. P. 6(a)(1), 72(b). No objections have been filed in this case. In the
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absence of a timely objection, the Court “need only satisfy itself that there is no clear error
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on the face of the record in order to accept the recommendation.” Fed. R. Civ. P. 72,
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Advisory Committee Notes (1983) (citing Campbell v. U.S. Dist. Court, 501 F.2d 196, 206
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(9th Cir. 1974)); see also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.
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2003) (“The statute [28 U.S.C. § 636(b)(1)(C)] makes it clear that the district judge must
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review the magistrate judge’s findings and recommendations de novo if [an] objection is
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made, but not otherwise.”) (en banc). The Court has reviewed the record on its face and
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finds no clear error. Accordingly,
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IT IS HEREBY ORDERED THAT the Magistrate’s second report and
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recommendation (Dkt. 25) is ACCEPTED and HICA’s motion for default judgment is
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GRANTED. The Clerk shall enter judgment in accordance with the Magistrate’s second
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report and recommendation. The Clerk shall close the file and terminate all pending
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matters.
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IT IS SO ORDERED.
Dated: September 13, 2013
______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge
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