HICA EDUCATION LOAN CORPORATION v. MEEHAN

Filing 9

ORDER granting 8 Motion for Entry of Default Judgment. Signed by Judge Joseph E. Irenas on 4/18/2013. (dmr)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

HICA EDUCATION LOAN
CORPORATION,
HONORABLE JOSEPH E. IRENAS

Plaintiff,

CIVIL ACTION NO. 12-6568
(JEI/KMW)

v.
Kathleen A. Meehan,

ORDER GRANTING PLAINTIFF’S
MOTION FOR ENTRY OF DEFAULT
JUDGMENT (Dkt. No. 8)

Defendant.

APPEARANCES:
WELTMAN, WEINBERG & REIS CO., LPA
Michael J. McCulley
325 Chestnut Street, Suite 501
Philadelphia, PA 19106
Counsel for Plaintiff

IRENAS, Senior District Judge:
This matter having appeared before the Court upon
Plaintiff’s Motion for Entry of Default Judgment (Dkt. No. 8);
the Court having reviewed the motion; and it appearing that:
1.

On October 24, 1992, Defendant, Kathleen Meehan, signed

a promissory note (“Note”) for the sum of $6,000.00 pursuant to
the United States Health Education Assistance Loan (HEAL)
Program, 42. U.S.C. §§ 292—292p and 42 C.F.R. pt. 60.
¶ 5)

(Compl.

That sum was loaned and advanced to Defendant Meehan.

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2.

The Note was sold, transferred, and assigned to

Plaintiff, HICA Education Loan Corporation, by the Student Loan
Marketing Association (“SLMA”).
and/or holder of the Note.
3.

Thus Plaintiff is the owner

(Id. ¶ 7)

According to the Complaint, Defendant has failed to

make payments due under the terms of the Note, nor has she
repaid the amount due despite demand for payment.

(Id. ¶ 8)

As

such, she has defaulted under the terms of the Note and in
violation of the HEAL statutes and accompanying regulations.
(Id. ¶ 10)
4.

As of January 31, 2013, Defendant owed Plaintiff unpaid

principal in the amount of $3,747.59, as well as accrued, unpaid
interest in the amount of $126.02 and unpaid late fees in the
amount of $6.80.

Interest continues to accrue on the principal

at a rate of $0.32 per day.
5.

(Id. ¶ 8)

Defendant was served a copy of the Summons and

Complaint on October 23, 2012.

(Dkt. No. 4)

Defendant failed

to file a responsive pleading to the Complaint pursuant to the
Rules.
6.

On or about February 21, 2013, Plaintiff filed a

Request for Default pursuant to Fed. R. Civ. P. 55(a).
No. 6)

(Dkt.

The Clerk entered a Default on February 22, 2013.

Plaintiff moved for judgment by default under Fed. R. Civ. P.
55(b)(2) on February 22, 2013.

(Dkt. No. 8)
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To date, Defendant

has not made any attempt to contest the Motion for Default or
respond in any way to the Summons and Complaint.
7.

Plaintiff has provided a declaration stating that as of

January 31, 2013, Defendant owed Plaintiff unpaid principal in
the amount of $3,747.59; accrued, unpaid interest through that
date in the amount of $126.02; and accrued, unpaid late charges
in the amount of $6.80.

(P.’s Ex. 1, Zimmerman Decl. ¶ 2)

Interest has continued to accrues since that date at the rate of
$0.32 per day.
8.

(Id.)

In total, Defendant owes Plaintiff $3,880.41, plus

additional prejudgment interest from February 1, 2013 to date at
the rate of $0.32 per day.
9.

For the reasons given above, the Court will Grant

Plaintiff’s Motion for Entry of Default Judgment.

And for good cause shown;
IT IS on this 18th day of April, 2013,
ORDERED THAT:
(1)

Plaintiff’s Motion for Entry of Default Judgment is
hereby GRANTED;

(2)

Monetary judgment is hereby AWARDED to Plaintiff and
against Defendant in the amount of $3,880.41, plus

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prejudgment interest from February 1, 2013 through the
date of this judgment;

(3)

Plaintiff shall serve a copy of this Order and
accompanying Judgment on Defendant within seven (7)
days;

(4)

This Court retains jurisdiction to enforce this Order
until the expiration of one year from the date hereof
or such later date as may be ordered by the Court on
motion of any party;

(5)

The Clerk of Court is hereby directed to CLOSE THIS
FILE.

/s/ Joseph E. Irenas_______
Joseph E. Irenas, S.U.S.D.J.

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