United States of America v. Huhmann

Filing 7

ORDER entered by Judge Nanette Laughrey granting 3 motion for default judgment. (Kanies, Renea)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
CENTRAL DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
RANDAL D. HUHMANN,
Defendant.

)
)
)
)
)
)
)
)
)

Case No. 2:10-cv-04255-NKL

ORDER
The Government brought an action seeking monetary judgment based on the alleged
failure of Defendant Randal D. Huhmann (“Huhmann”) to pay on a promissory note that was
assigned to the Government. [Doc. # 1]. Pending before the Court is Plaintiff United
States’s (“the Government”) Motion for Entry of Default and Default Judgment. [Doc. # 3].
The Clerk of the Court has already granted the Government’s Motion for Entry of Default.
[Doc. # 6]. For the following reasons, the Court GRANTS the Government’s motion for
default judgment.
Federal Rule of Civil Procedure 55(b)(1) provides: “If the plaintiff's claim is for a sum
certain or a sum that can be made certain by computation, the clerk–on the plaintiff's request,
with an affidavit showing the amount due–must enter judgment for that amount and costs
against a defendant who has been defaulted for not appearing and who is neither a minor nor
an incompetent person.” Fed. R. Civ. P. 55(b)(1). Each of these conditions has been met in
this case. First, the Government’s sole request for relief seeks a sum that can be made certain

by computation. Second, in support of its request for relief, the Government has submitted
an Affidavit for Default showing the amount due: (1) $76,496.05, inclusive of accrued
interest through March 24, 2011; (2) interest at the rate of 3.27% per annum, or $6.31 per
day, from March 25, 2011 through the date of this judgment, (3) post-judgment interest on
the judgment at the legal rate as provided by law, and (4) $400.40 in court costs. [Doc. # 3-1,
¶¶ 5-6]. Third, Huhmann, whom the Government has affirmed is not a minor, incompetent,
nor an active military service member protected from default judgment, has defaulted by not
appearing. Under such circumstances, the Clerk “must enter judgment” as requested. Fed.
R. Civ. P. 55(b)(1).
Accordingly, it is hereby ORDERED that the Clerk of the Court is respectfully
requested to enter judgment against Randal D. Huhmann for: (1) $76,496.05, and (2) interest
at the rate of 3.27% per annum, or $6.31 per day, from March 25, 2011 through the date of
this judgment. The Court also awards post-judgment interest on the judgment at the legal
rate as provided by law and $400.40 in court costs.

s/ Nanette K. Laughrey
NANETTE K. LAUGHREY
United States District Judge
Dated: July 12, 2011
Jefferson City, Missouri

2