USA v. Freelund

Filing 10

ORDER granting 9 the Government's Motion for Entry of Default Judgment. The Clerk is directed to enter judgment against Defendant in the amount of $16,324.97. This judgment shall bear interest at the rate prescribed by 28 U.S.C. 1961. The Clerk shall thereafter CLOSE THIS CASE. Signed by Judge Virginia M. Hernandez Covington on 7/16/2013. (CH)

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

Case No. 8:13-cv-973-T-33AEP

JACOB A. FREEDLUND,
Defendant.
/
ORDER
This

cause

is

before

the

Court

pursuant

to

the

Government’s Motion for Entry of Default Judgment (Doc. # 9),
which was filed on June 26, 2013.

For the reasons that

follow, the Court grants the Motion.
I.

Default
Federal Rule of Civil Procedure 55(a) provides: “When a

party against whom a judgment for affirmative relief is sought
has failed to plead or otherwise defend, and that failure is
shown by affidavit or otherwise, the clerk must enter the
party’s default.”

A district court may then enter a default

judgment against a properly served defendant who fails to
defend or otherwise appear pursuant to Federal Rule of Civil
Procedure 55(b)(2). DirecTV, Inc. v. Griffin, 290 F. Supp. 2d
1340, 1343 (M.D. Fla. 2003).
However, the mere entry of a default by the Clerk does
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not, in itself, warrant the Court entering a default judgment.
See Tyco Fire & Sec. LLC v. Alcocer, 218 F. App’x 860, 863
(11th Cir. 2007) (citing Nishimatsu Constr. Co. v. Houston
Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975)).

Rather, a

Court must ensure that there is a sufficient basis in the
pleadings for the judgment to be entered.
judgment

has

plaintiff’s

the

effect

well-pled

of

establishing

allegations

of

fact

Id.
as

fact

the

and

bars

the

defendant from contesting those facts on appeal.
II.

A default

Id.

Analysis
On April 17, 2013, the Government filed its Complaint

against Defendant Jacob Freedlund containing a single count
for failure to pay, pursuant to 28 U.S.C. § 1345.

(Doc. # 1).

Within the Complaint, the Government alleged that Defendant
owes a debt to the United States amounting to $8,559.45 in
principal and $6,195.19 in accrued interest, for a total of
$14,754.64. (Id. at 1). The Government additionally attached
to the Complaint a Certificate of Indebtedness certifying the
amount of Defendant’s debt according to U.S. Department of
Education records.

(Doc. # 1-1 at 1).

The Government effected service of process on Defendant
on April 23, 2013. (Doc. # 6).
responsive pleading.

Defendant failed to file a

On May 14, 2013, the Government filed a
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motion for Clerk’s default. (Doc. # 7).

The Clerk entered a

default as to Defendant pursuant to Rule 55(a) on May 15,
2013. (Doc. # 8).

On June 26, 2013, the Government filed the

instant Motion for Entry of Default Judgment (Doc. # 9) and
attachments including an Affidavit of Attorney Fees (Id. at 6)
and the Declaration of Steven M. Davis, Esq. (Id. at 8).
Based upon the Clerk’s entry of default, the well-pled
factual

allegations

contained

in

the

Complaint,

the

Certificate of Indebtedness, the Declaration of Steven M.
Davis, and the Motion, the Court determines that the Motion is
due to be granted and further determines that a hearing on
this matter is not needed.
judgment

against

The Government is entitled to a

Defendant

in

the

amount

of

$16,324.97,

consisting of $8,559.45 in unpaid principal, plus $6,385.52 in
interest at the rate of 5.010% through June 26, 2013, per
annum to the date of this judgment, together with a fee for
service and travel, per 28 U.S.C. § 1921, of $40.00, plus
attorney

fees

of

$1,340.00.

This

amount is

capable

of

accurate and ready mathematical computation or ascertainment
from the declarations and exhibits filed by the Government.
Accordingly, the Court directs the Clerk to enter a final
default

judgment

against

Defendant

and

Government in the amount of $16,324.97.
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in

favor

of

the

Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

The Government’s Motion for Entry of Default Judgment
(Doc. # 9) is GRANTED.

(2)

The Clerk is directed to enter judgment against Defendant
in the amount of $16,324.97.

This judgment shall bear

interest at the rate prescribed by 28 U.S.C. § 1961.
(3)

The Clerk shall thereafter CLOSE THIS CASE.
DONE and ORDERED in Chambers in Tampa, Florida, this 16th

day of July, 2013.

Copies:

All Counsel of Record
Jacob A. Freedlund
7008 Fountain Ave.
Tampa, FL 33634

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