United States of America v. Halvorsen

Filing 11

ORDER granting 10 plaintiff's Motion for Entry of Default Judgment. The Clerk shall enter judgment in favor of plaintiff and against defendant as set forth in the Order. The Clerk is further directed to send a certified copy of the Order to defendant Margaret Halvorsen, terminate all deadlines and motions as moot, and close the file. See Order for details. (AMB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.

Case No:

2:18-cv-192-FtM-29CM

MARGARET A. HALVORSEN,
Defendant.
ORDER
This matter comes before the Court on plaintiff’s Motion for
Entry of Default Judgment (Doc. #10) filed on May 1, 2018.
response has been filed and the time to respond has expired.

No
The

Court finds that an evidentiary hearing is not required in this
case, and will render a decision based on the documents submitted.
“A defendant, by his default, admits the plaintiff’s wellpleaded allegations of fact, is concluded on those facts by the
judgment, and is barred from contesting on appeal the facts thus
established.[ ] A default judgment is unassailable on the merits,
but only so far as it is supported by well-pleaded allegations.
[ ] A default defendant may, on appeal, challenge the sufficiency
of the complaint, even if he may not challenge the sufficiency of
the proof.”

Eagle Hosp. Physicians, LLC v. SRG Consulting, Inc.,

561 F.3d 1298, 1307 (11th Cir. 2009) (internal citations omitted).

In the Complaint (Doc. #1), plaintiff alleges that defendant
is a resident of Lee County, Florida who owes the United States a
principal

balance

of

$7,936.00,

and

capitalized

and

accrued

interest in the amount of $4,367.06, through February 23, 2018,
for a total of $12,312.06.

The United States has demanded payment,

and defendant has neglected to or refused to pay the debt. The
Certificate of Indebtedness (Doc. #10-2) reflects that defendant
executed promissory note(s) to secure loan(s) from CHASE MANHATTAN
BANK; PANAMA CITY, FL.
NEW

JERSEY

HIGHER

The loan obligation was guaranteed by the

EDUCATION

ASSISTANCE

AUTHORITY

GAURANTEED

STUDENT LOAN PROGRAM and reinsured by the United States Department
of Education under a loan guaranty program.

(Id.)

The loan was

disbursed in the amount of $13,456.00 on August 17, 2002. Defendant
defaulted on her obligation July 11, 2005, and the holder filed a
claim on the loan guarantee.

(Id.)

The guarantor subsequently

failed to recover the debt from defendant and thus assigned its
right and title to the loan to the Department of Education on
August 16, 2011.

(Id.)

Interest continues to accrue at a daily

rate of $0.89 per day through June 30, 2018. (Id.)
After service of process and finding no response to the
Complaint, plaintiff moved for and was granted a default.
#10.)

(Doc.

The Clerk’s Entry of Default (Doc. #10-1) was entered on

April 25, 2018, and plaintiff’s Application and Declaration for
Entry of Defendant’s Default (Doc. #7) provided that defendant was

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neither an infant nor an incompetent person, and not serving with
the armed forces at the time.

(Doc. #7, ¶ 2b.) The Court finds

that plaintiff has met all necessary prerequisites for a default
judgment.

The Court further finds that the allegations in the

Complaint are deemed admitted, and sufficiently plead to support
a default judgment in favor of plaintiff for the sum amount owed
in the Certificate of Indebtedness. (Doc. #10-2.)
Plaintiff

also

seeks

to

recover

the

costs

of

service.

Plaintiff submitted a Process Service Invoice in the amount of
$47.31, and as the prevailing party, plaintiff is entitled to
statutory costs.

Therefore, this request will be granted.

Accordingly, it is hereby
ORDERED:
1. Plaintiff’s Motion for Entry of Default Final Judgment
(Doc. #10) is GRANTED in favor of plaintiff and against
defendant.

The Clerk shall enter judgment in favor of

plaintiff and against defendant, providing that plaintiff
shall recover on Claim No. 2015A39439:
a. The principal amount of $7,936.00;
b. Interest through February 23, 2018, in the amount of
$4,376.06;
c. Accruing

interest

at

the

rate

of

$0.89

per

day

thereafter, through the date of judgment until paid,
and after June 30, 2018, at such a rate as the

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Department

of

Education

establishes

pursuant

to

section 427A of the Higher Education Act of 1965, as
amended, 20 U.S.C. § 1077a; and
d. Statutory costs in the amount of $47.31.
2.

The Clerk is further directed to send a certified copy

of this Order and the Judgment to defendant Margaret A. Halvorsen
at the last known address of 115 Rowland Road, Lehigh Acres,
Florida 33936, terminate all deadlines and motions as moot, and
close the file.
DONE and ORDERED at Fort Myers, Florida, this __21st__ day of
May, 2018.

Copies:
Counsel of Record
Defendant

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