United States of America v. Cicchini

Filing 18

ORDER: Plaintiff United States of America's Motion for Entry of Default Final Judgment (Doc. # 17 ) is GRANTED. The Clerk is directed to enter Default Judgment in favor of the Government and against Kathryn N. Cicchini in the amount of � 36;3,841.17 (consisting of $2,043.67 in unpaid principal plus $1,562.50 in interest, and $235.00 for service fees). The Judgment shall bear interest at the rate prescribed by 28 U.S.C. § 1961. After entry of Judgment, the Clerk is directed to CLOSE THIS CASE.Signed by Judge Virginia M. Hernandez Covington on 8/11/2017. (KAK)

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

Case No. 8:17-cv-697-T-33JSS

KATHRYN N. CICCHINI,
Defendant.
________________________________/
ORDER
This cause is before the Court pursuant to Plaintiff
United States of America’s Motion for Entry of Default Final
Judgment (Doc. # 17), which was filed on August 10, 2017.

In

the Motion, the Government requests a default final judgment
against

Defendant

Kathryn

N.

Cicchini

in

the

amount

of

$3,841.17, pursuant to Rule 55(b)(2) of the Federal Rules of
Civil Procedure.

For the reasons that follow, the Court

grants the Motion to the extent that it directs the Clerk to
enter a Judgment in favor of the Government in the total
amount of $3,841.17.
I.

Default Judgment
Federal Rule of Civil Procedure 55(a) sets forth the

following regarding an entry of default:
(a) Entering a Default. 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 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).
The mere entry of a default by the Clerk does 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. Hous. 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. Id.

A default judgment has the

effect of establishing as fact the plaintiff’s well-pled
allegations of fact and bars the defendant from contesting
those facts on appeal.
II.

Id.

Analysis
The

Government

initiated

this

action

seeking

the

repayment of student loans from Cicchini, a resident of
Hillsborough County, Florida, on March 24, 2017. (Doc. # 1).
The Government served the summons and Complaint on Cicchini on
July 11, 2017. (Doc. # 13).

Cicchini did not respond to the

Complaint, and on August 2, 2017, the Government sought entry
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of a Clerk’s Default against Cicchini. (Doc. # 14).

In

connection with that Motion, the Government established that
Cicchini is not a member of the United States Armed Forces.
(Id.). On August 3, 2017, the Clerk entered a Default against
Cicchini. (Doc. # 8).
Based upon the Clerk’s Default and the well-pled factual
allegations contained in the Complaint, the Government has
established that Cicchini owes $2,043.67 in unpaid principal
plus $1,562.50 in interest for Claim Number 2012A28065. These
amounts

are

described

in

detail

in

the

Certificates

of

Indebtedness attached to the Motion for Default Judgment and
are analyzed in the Government’s Motion for Default Judgment.
(Doc. # 17 at 4).

The

Government is also entitled to a

$235.00 fee for service under 28 U.S.C. § 1921.
attempted

at

multiple

addresses

successfully served Cicchini.

before

the

Service was
Government

The Court further determines

that a hearing on this matter is not needed because the
amounts due are capable of accurate and ready mathematical
computation or ascertainment.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

Plaintiff United States of America’s Motion for Entry of
Default Final Judgment (Doc. # 17) is GRANTED.
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(2)

The Clerk is directed to enter Default Judgment in favor
of the Government and against Kathryn N. Cicchini in the
amount of $3,841.17 (consisting of $2,043.67 in unpaid
principal plus $1,562.50 in interest, and $235.00 for
service fees).

The Judgment shall bear interest at the

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

After entry of Judgment, the Clerk is directed to CLOSE
THIS CASE.
DONE and ORDERED in Chambers in Tampa, Florida, this 11th

day of August, 2017.

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