USA v. Maffeo

Filing 23

MEMORANDUM and ORDER: Hearing in damages set for 5/23/2012 at 11:00 AM in East Courtroom, 450 Main St., Hartford, CT before Judge Donna F. Martinez. SEE FULL ORDER ATTACHED FOR IMPORTANT INSTRUCTIONS. Signed by Judge Donna F. Martinez on 5/9/12. (Nichols, J.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
UNITED STATES OF AMERICA,

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Plaintiff,
v.
JUSTIN J. MAFFEO,
Defendant.

CASE NO. 3:11CV413(RNC)

ORDER
On March 16, 2011, the government brought this action
alleging that the defendant, Justin J. Maffeo, defaulted on
student loan debt.

(Doc. #1.)

The defendant was personally

served with the complaint on March 24, 2011.

(Doc. #5.)

On

March 27, 2011, Attorney Howard Lawrence filed his appearance on
behalf of the defendant.

(Doc. #7.)

The defendant did not file any responsive pleading.
On October 26, 2011, the government filed a motion for
entry of default under Fed. R. Civ. P. 55(a).

(Doc. #8.)

clerk of the court entered default on the following day.
#9.)

The
(Doc.

On November 8, 2011, the government moved for default

judgment.

(Doc. #10.)

On February 13, 2012, District Judge

Robert N. Chatigny granted default judgment as to liability and
referred the case to Magistrate Judge Donna F. Martinez for a
hearing on damages.

(Docs. #12 and #13.)

Judge Martinez scheduled the damages hearing for April 3,
2012.

(Doc. #15.)

On April 2, 2012, Judge Martinez's law clerk

attempted to contact Attorney Lawrence regarding the hearing but
the phone number listed on the docket was not in service.

Judge

Martinez rescheduled the hearing to May 8, 2012 and ordered the
defendant to file a response to the government's hearing
memorandum by April 17, 2012.

(Docs. #18 and #19.)

On April 4, 2012, Assistant U.S. Attorney Christine
Sciarrino exchanged emails with Attorney Lawrence and copied
Judge Martinez's law clerk.

In the exchange, Attorney Sciarrino

informed Attorney Lawrence of the court's order to file a
response and of the hearing scheduled for May 8.

Attorney

Lawrence provided a cell phone number.
After the defendant failed to comply with the April 17
response deadline, Judge Martinez's law clerk left a voicemail
on Attorney Lawrence's cell phone requesting that he call
chambers.

On April 24, 2012, having received no response, the

law clerk emailed Attorney Lawrence to inform him of the missed
response deadline.

On May 1, 2012, the law clerk reached

Attorney Lawrence at his cell phone number.

Attorney Lawrence

stated that he had been in the hospital but confirmed that he
was aware of the missed response deadline and the scheduled
hearing.

On May 4, 2012, Assistant U.S. Attorney David Nelson

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emailed the court indicating that he spoke to Attorney Lawrence
and confirmed that he was aware of the scheduled hearing.
Neither the defendant nor Attorney Lawrence appeared at the
hearing on May 8, 2012.

Appearing for the government, Attorney

Nelson stated that spoke to Attorney Lawrence that morning, who
indicated that he and his client were aware of the hearing date.
The court did not proceed with the hearing in their absence but
instructed the government to supplement its hearing memorandum
and to file the certificate of indebtedness.

(See doc. #21.)

The government represented to the court that as of May 8,
its damages amounted to $121,353.66.
In light of the foregoing, the court orders as follows.
The hearing on damages will proceed before Judge Martinez on May
23, 2012 at 11:00 AM in the East Courtroom, 450 Main Street,
Hartford, CT.

The clerk of the court shall mail a paper copy of

this order to Attorney Lawrence.

The government shall serve a

paper copy of this order directly on the defendant and shall
file proof of service prior to the hearing.
SO ORDERED at Hartford, Connecticut this 9th day of May,
2012.
___________/s/_______________
Donna F. Martinez
United States Magistrate Judge

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