United States America v. Toms

Filing 8

ORDER granting 3 motion for default judgment. Copy of Default Judgment sent to defendant as directed via regular and certified mail (article #7006 2760 0000 6414 2298) Signed on 9/2/2011 by District Judge Howard F. Sachs. (Baldwin, Joella)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
KELLY TOMS,
Defendant.

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Case No. 10-01163-CV-W-HFS

DEFAULT JUDGMENT
On March 7, 2011, upon the motion of Plaintiff United States of America, the Clerk of
Court entered default against Defendant Kelly R. Toms pursuant to Rule 55(a) of the Federal
Rules of Civil Procedure. Plaintiff asserted and the court records agree that Defendant was
personally served with the summons and complaint on January 22, 2011. To date, Defendant has
failed to plead or otherwise defend as provided by the Federal Rules of Civil Procedure.
The Court has reviewed the record and finds that it has jurisdiction over Defendant Toms
and that venue is proper in this judicial district. An affidavit signed by an Assistant United
States Attorney states that Defendant is not a minor nor incompetent. Moreover, pursuant to the
Soldiers’ and Sailors’ Relief Act of 2003, Defendant is not currently on active military duty.
It is therefore ORDERED that judgment by default is hereby entered against Defendant
Kelly R. Toms and in favor of plaintiff United States of America for failure to answer or plead,
pursuant to Rule 55(b) of the Federal Rules of Civil Procedure, as follows: $66,748.12
(representing $53,104.84 principal, and interest of $13,643.28 through February 14, 2011), plus

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interest at the rate of 2.47% per annum or $3.59 per day until the date of judgment.
It is further ORDERED that Plaintiff is entitled to post-judgment interest on the judgment
from the date of judgment at the legal rate as provided by law, plus its court costs of $350.00
pursuant to 28 U.S.C. § 1914.
It is further ORDERED that the Clerk of Court mail a copy of this Default Judgment by
regular mail and by certified mail, return receipt requested, to:
Kelly R. Toms
603 E National Ave
Richland MO 65556
/s/Howard F. Sachs
HOWARD F. SACHS
UNITED STATES DISTRICT JUDGE
September 2, 2011
Kansas City, Missouri

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