Zhao et al v. Huang

Filing 25

DEFAULT JUDGMENT - Plaintiffs' Motion for Default Judgment, ECF No. 20 , is granted. Judgment is entered in favor of Plaintiffs in the amount of $199,133.47, plus post-judgment interest at the rate of 12% per annum. Ordered by Chief Judge Laurie Smith Camp. (JAB) Modified on 2/21/2017 to reflect copy mailed to pro se party.(JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

ZEMIN ZHAO, an individual; and ZHONG
LING CHEN, an individual;
8:15CV288
Plaintiffs,
DEFAULT JUDGMENT

vs.
Ji Feng Huang, an individual;
Defendant.

This matter is before the Court of Plaintiffs’ Motion for Default Judgment, ECF
No. 20. Previously, the Court construed the motion as one for a clerk’s entry of default.
See ECF No. 22. The Clerk entered default against Defendant Ji Feng Huang on
January 27, 2017.

See ECF No. 23.

With default entered, the motion can be

considered as one seeking default judgment. As of the date of this order, Huang has
not responded to the Motion for Default Judgment, and the time for responding has now
passed. Under Federal Rule of Civil Procedure 55(b), a default judgment for a sum
certain may be entered “with an affidavit showing the amount due . . . against a
defendant who has been defaulted for not appearing and who is neither a minor nor an
incompetent person.”
On February 1, 2017, Plaintiffs filed the affidavit of Plaintiff Zemin Zhao, ECF No.
24. Based on this evidence, the Court finds as follows:
1. Huang is neither a minor nor an incompetent person per Federal Rule of Civil
Procedure 55;

2.

As of February 1, 2017, Huang’s outstanding debt to Plaintiffs, including

accrued interest, totaled $199,133.471; and
3. The agreed upon interest rate for the debt is 12% per annum.
Accordingly,
IT IS ORDERED:
1. Plaintiffs’ Motion for Default Judgment, ECF No. 20, is granted; and
2. Judgment is entered in favor of Plaintiffs in the amount of $199,133.47, plus postjudgment interest at the rate of 12% per annum.

Dated this 21st day of February, 2017.

BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

1

A full account of the lending history between the parties can be found in the Court’s
Memorandum and Order, ECF No. 22.

2