United States of America v. Maass

Filing 10

DEFAULT JUDGMENT in favor of United States of America against Jeannette R. Maass. Signed by Judge Roger L. Hunt on 1/12/12. (Copies have been distributed pursuant to the NEF - ECS)

1
2
3
4
5

DANIEL G. BOGDEN
Nevada Bar #2137
United States Attorney
CARLOS A. GONZALEZ
Assistant United States Attorney
333 Las Vegas Blvd. South, Suite 5000
Las Vegas, Nevada 89101
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

6
7
UNITED STATES DISTRICT COURT
8
DISTRICT OF NEVADA
9
***
10
UNITED STATES OF AMERICA,
11
Plaintiff,
12
vs.
13
JEANNETTE R. MAASS,
14
Defendant.

)
)
)
)
)
)
)
)
)

2:10-CV-01000-RLH(PAL)
DEFAULT JUDGMENT/ORDER

15
16

This cause came before the Court upon the application of The United States for

17

judgment by default against the defendant, Jeannette R. Maass. The United States

18

appearing by and through Carlos A. Gonzalez, Assistant United States Attorney for the

19

District of Nevada. Defendant failed to appear. The Court being fully advised in the

20

premises, FINDS THAT:
(A)

22
23

This Court has jurisdiction over the parties and the subject matter of this

(B)

21

Defendant, Jeannette R. Maass, was duly served a copy of the Summons

action;

24

and Complaint in the action within the District of Nevada on October 18, 2010, pursuant to

25

Rule 4(c) or 4(d) of the Federal Rules of Civil Procedure. A copy of the United States

26

Waiver of the Service of Summon and Return is on file;

(C)

1
2

time allowed;
(D)

3
4

Defendant has failed to appear, plead, or otherwise defend herein within the

No stipulation or order has been filed extending the time for the defendant to

plead or otherwise defend;

5

(E)

Defendant is now in default and a clerk’s Entry of Default is now on file;

6

(F)

Defendant is not an infant or incompetent person and not in the military

7

service with the purview of the Soldiers’ and Sailors’ Civil Relief Act of 1940, as amended;
(G)

8
9

Defendant is indebted to the United States by reason of the default in

repaying the student loan(s);
(H)

10

Subsequently, said Note was assigned to the United States of America. The

11

United States is now the owner and holder of said Note. Defendant has failed to pay said

12

Note according to the terms thereof;
(I)

13

There is due and owing to the United States from Defendant the sum of

14

$25,817.94 principal and $7,483.00 interest as of June 30, 2010. As to Count I of the debt.

15

That an additional claim of $15,294.27 principal and $3,843.45 interest as of June 30, 201

16

as to Count II. Interest shall accrue at the legal rate pursuant to 28 U.S.C. §1961(a) and

17

be computed daily and compounded annually until paid in full, and United States District

18

Court docket fees in the amount of $350.00 as provided by 28 U.S.C. § 2412(a)(2) , plus

19

costs of suit as subsequently taxed;
(J)

20

The allegations of the Complaint are sustained by the evidence and are

21

hereby adopted as findings of fact. The Court concludes as a matter of law that the United

22

States is entitled to the relief demanded in the Complaint.

23

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that The United

24

States of America should have, and it is hereby granted, judgment against the Defendant

25

in the amount of $33,300.94, plus interest from March 9, 2010 at the rate of 3.28 percent

26

...
2

1

per annum ($2.32 per day) on the unpaid principal of $25,817.94 through June 30, 2010

2

as to Count I;

3

For the sum of $19,137.72 plus interest from March 9, 2010 at the rate of 2.48

4

percent per annum ($1.04 per day) on the unpaid principal balance of $15,294.27 through

5

June 30, 2010, as to Count II; until date of judgment. All loans will accrue interest at the

6

legal rate of

7

and interest are paid in full pursuant to the provision of 28 U.S.C. §1961(a), and United

8

States Court Docket Fees in the amount of $350.00, plus costs of this action.

from date of judgment compounded annually until the judgment

9
10

DATED this 12th

day of

January

, 2012.

11
UNITED STATES DISTRICT JUDGE

12
Submitted by:
13
14

DANIEL G.. BOGDEN
United States Attorney

15
16

//S// CARLOS A. GONZALEZ
CARLOS A. GONZALEZ
Assistant U. S. Attorney

17
18
19
20
21
22
23
24
25
26
3