United States of America v. Jordan
MEMORANDUM AND ORDER granting 4 Motion for Entry of Default. The Government's motion for a default judgment is GRANTED. The Clerk of the Court is respectfully directed to enter judgment against the Defendant in the amount of $2,978.03 p lus eighteen cents per day from April 15, 2011 through the date of judgment. The Government is also entitled to post-judgment interest in accordance with 28 U.S.C. § 1961. The Clerk of the Court is directed to mark this matter CLOSED. So Ordered by Judge Joanna Seybert on 3/28/12. C/ECF (Valle, Christine)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
MEMORANDUM & ORDER
KENNETH R. JORDAN,
Michael T. Sucher, Esq.
26 Court Street, Suite 2412
Brooklyn, NY 11242
SEYBERT, District Judge:
Jordan (“Jordan” or the “Defendant”) to collect on a student
loan agreement on which the Defendant is now in default.
The Defendant neither responded to the Complaint nor
requested additional time to respond.
Plaintiff moved for a
default judgment pursuant to Federal Rule of Civil Procedure
(Docket Entry 4).
The Clerk of the Court thereafter
noted the Defendant’s default.
(Docket Entry 5.)
For the following reasons, the Government’s motion is
A default constitutes an admission of all well-pled
factual allegations in the complaint, and the allegations as
they pertain to liability are deemed true.
Joe Hand Promotions,
Inc. v. El Norteno Rest. Corp., 06-CV-1878, 2007 WL 2891016, at
A default judgment entered on the well-pled allegations
Garden City Boxing Club, Inc. v. Morales, 05-CV-0064, 2005 WL
2476264, at *3 (E.D.N.Y. Oct. 7, 2005) (citing Bambu Sales, Inc.
v. Ozak Trading, Inc., 58 F.3d 849, 854 (2d Cir. 1995)).
only question remaining, then, is whether Plaintiff has provided
Exhibitgroup, Inc., 973 F.2d at 158.
The determination of a motion for default judgment is
left to the sound discretion of the district court.
See Shah v.
N.Y. State Dep't of Civil Serv., 168 F.3d 610, 615 (2d Cir.
In determining whether to grant a default judgment, the
established or in doubt.’”
O'Callahan v. Sifre, 242 F.R.D. 69,
73 (S.D.N.Y. 2007) (quoting 10A Charles Alan Wright, Arthur R.
Miller & Mary Kay Kane, Federal Practice and Procedure § 2685
(3d ed. 1998)).
As the Second Circuit has observed, the Court
is guided by the same factors that apply to a motion to set
aside entry of a default.
See Enron Oil Corp. v. Diakuhara, 10
F.3d 90, 96 (2d Cir. 1993); Pecarsky v. Galaxiworld.com, Ltd.,
249 F.3d 167, 170-171 (2d Cir. 2001). These factors are (1)
defendant has a meritorious defense to plaintiff's claims; and
(3) the level of prejudice the non-defaulting party would suffer
as a result of the denial of the motion for default judgment.”
Mason Tenders Dist. Council v. Duce Constr. Corp., 02-CV-9044,
omitted); see also Basile v. Wiggs, 08-CV-7549, 2009 WL 1561769,
“possibility of prejudice to the plaintiff, the merits of the
complaint, the sum at stake, [and] whether the default was due
As to the first factor, the failure of the Defendant
See, e.g., Indymac Bank v. Nat'l Settlement Agency,
Inc., 07-CV-6865, 2007 WL 4468652, at *1 (S.D.N.Y. Dec. 20,
demonstrating that Defendant was properly served on May 2, 2011
with a Summons and a copy of the Complaint.
(Docket Entry 3).
As noted above, the Defendant never answered or responded in any
way to the Complaint; nor did he request an extension of time to
respond to the Complaint.
The court file therefore establishes
that Defendant has willfully failed to respond to the Complaint.
Next, the Court must consider whether the Defendant
has a meritorious defense.
The Court is unable to determine
allegations because the Defendant has presented no such defense
“[w]here, as here, ‘the court determines that defendant is in
default, the factual allegations of the complaint, except those
relating to the amount of damages, will be taken as true.’”
Chen v. Jenna Lane, Inc., 30 F. Supp. 2d 622, 623 (S.D.N.Y.
1998) (quoting 10A Charles Alan Wright, Arthur R. Miller & Mary
Kay Kane, Federal Practice and Procedure § 2688, at 58-59 (3d
The Complaint, the allegations of which are deemed
admitted by Defendant in light of his default, describes the
facts underlying Plaintiff’s case.
The final factor the Court must consider is whether
the non-defaulting party would be prejudiced if the motion for
available to secure relief in this Court.”
Bridge Oil Ltd. v.
Emerald Reefer Lines, LLC, 06-CV-14226, 2008 WL 5560868, at * 2
(S.D.N.Y. Oct. 27, 2008).
As all three factors have been met, a
default judgment is warranted.
II. Damages Calculation
principal amount of $1,300.00 and for a current interest balance
of $1,278.03, with prejudgment interest accruing at a rate of
5.00% per annum ($0.18 per diem after April 15, 2011).
The Government’s affirmation in support of its default
judgment motion also requests legal costs, which are the $350
The Certificate of Indebtedness states that, as of March 17,
2011, Jordan owed $1,273.58 and that interest was accruing at
$0.18 per day (5% on $1,300 in outstanding principal). (Docket
Entry 1 at 4.)
The Complaint, which was filed on April 15,
2011, asserts that Jordan’s then-current interest balance was
$1,278.03. (Id. at 2.) The Court’s calculations actually yield
a slightly higher interest balance.
The Court will use the
lower amount alleged in the Complaint as the basis for its
Similarly, the Government’s affirmation in support of its
default judgment lists $1,288.36 as Jordan’s interest balance,
which was apparently current as of June 8, 2011. (Docket Entry
4-5). Because this Memorandum & Order directs the Clerk of the
Court to calculate interest at $0.18 per day from April 15,
2011, the date of filing, there is no need to consider the
interest amount set forth in the Government’s affirmation.
filing fee and a $50 fee for service of process.
4-2 at 6).
Calculation of damages in this case, therefore,
$2,978.03 and then adding eighteen cents per day from April 15,
2011 through the date of judgment.
The Clerk of the Court is respectfully directed to
enter judgment against the Defendant in the amount of $2,978.03
plus eighteen cents per day from April 15, 2011 through the date
The Government is also entitled to post-judgment
interest in accordance with 28 U.S.C. § 1961.
The Clerk of the Court is directed to mark this matter
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
28 , 2012
Central Islip, New York
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