United States of America v. Rataj

Filing 21

ORDER denying 16 Motion for Summary Judgment. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

UNITED STATES OF AMERICA,
Case No. 10-12941
Plaintiff,
Honorable John Corbett O’Meara
v.
MICHAEL A. RATAJ,
Defendant.
/
ORDER DENYING
GOVERNMENT’S JUNE 6, 2011 MOTION FOR SUMMARY JUDGMENT
This matter came before the court on the government’s June 6, 2011 motion for summary
judgment. Defendant Michael A. Rataj filed a response June 24, 2011; and the government filed a
reply July 15, 2011. Pursuant to LR 7.1(f)(2), no oral argument was heard.
This is an action for recovery of a student loan. The government alleges that defendant Rataj
signed a promissory note to borrow $26,303.20 from the Michigan Direct Student Loan Program
on January 8, 1990. The loan was ultimately insured by the United States Department of Education.
The government alleges that “[a]s a result of accruing interest and lack of payment in full[,]
$37,814.22 was owed as of February 15, 2010.” Plaintiff’s br. at 2. The government further
contends that “[i]nterest is accruing on the unpaid portion of this student loan debt at the rate of
9.00% and a daily rate of $6.47 per day.” Id.
Attached to Defendant's response brief are exhibits showing that he has made payments on the
loan. The amount remaining, however, is a question of fact. Accordingly, the court must deny the
government's motion for summary judgment.

ORDER
It is hereby ORDERED that the government's June 6, 2011 motion for summary judgment
is DENIED.
s/John Corbett O'Meara
United States District Judge

Date: July 28, 2011

I hereby certify that a copy of the foregoing document was served upon counsel of record on
this date, July 28, 2011, using the ECF system.

s/William Barkholz
Case Manager

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