United States of America v. Outlaw

Filing 9

DEFAULT JUDGMENT in favor of Plaintiff United States of America against Defendant Edward M Outlaw in the amount of $13,144.10. Signed by Judge Kent J. Dawson on 12/14/2012. (Copies have been distributed pursuant to the NEF - SLD)

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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: (702) 388-6336 Fax: (702) 388-6787 E-mail: Carlos.Gonzalez2@usdoj.gov 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 *** 10 UNITED STATES OF AMERICA, 11 Plaintiff, 12 vs. 13 EDWARD M. OUTLAW, MD, 14 Defendant. ) ) ) ) ) ) ) ) ) 12 2:10-CV-00485-KJD-(CWH) DEFAULT JUDGMENT 15 16 This cause came before the Court upon the application of The United States for 17 judgment by default against the defendant, Edward M. Outlaw, MD. 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, Edward M. Outlaw, MD, was duly served a copy of the Summons action; 24 and Complaint in the action within the District of Nevada on March 23, 2012, pursuant to 25 Rule 4(d) of the Federal Rules of Civil Procedure. A copy of the United States Waiver of 26 the Service of Summon and Return is on file; 1 2 3 4 (C) Defendant has failed to appear, plead, or otherwise defend herein within the time allowed; (D) 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 8 9 10 service with the purview of the Soldiers’ and Sailors’ Civil Relief Act of 1940, as amended; (G) Defendant is indebted to the United States by reason of the default in repaying the student loan(s); (H) 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; 13 (I) There is due and owing to the United States from Defendant the sum of 14 $13,102.64 principal and $41.46 interest as of July 1, 2011. Interest shall accrue at the 15 legal rate pursuant to 28 U.S.C. §1961(a) and be computed daily and compounded 16 annually until paid in full, and United States District Court docket fees in the amount of 17 $350.00 as provided by 28 U.S.C. § 2412(a)(2) , plus costs of suit as subsequently taxed; 18 (J) The allegations of the Complaint are sustained by the evidence and are 19 hereby adopted as findings of fact. The Court concludes as a matter of law that the United 20 States is entitled to the relief demanded in the Complaint. 21 IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that The United 22 States of America should have, and it is hereby granted, judgment against the Defendant 23 in the amount of $13,144.10, plus interest from July 1, 2011, at the rate of 2.10% percent 24 25 per annum ($0.76 per day) on the unpaid principal until date of judgment. All loans will 0.18% from date of judgment compounded accrue interest at the legal rate of 26 annually until the judgment and interest are paid in full pursuant to the provision of 2 1 28 U.S.C. §1961(a), and United States Court Docket Fees in the amount of $350.00, plus 2 costs of this action. 3 4 DATED this 14th day of December , 2012. 5 UNITED STATES DISTRICT JUDGE 6 Submitted by: 7 8 DANIEL G.. BOGDEN United States Attorney 9 10 //S// CARLOS A. GONZALEZ CARLOS A. GONZALEZ Assistant U. S. Attorney 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3

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