United States of America v. Enoch
ORDER granting Plaintiff's 7 Motion for Default Judgment. Signed by Senior Judge Thomas J. McAvoy on 3/29/2012. (amt)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
ROBERT A. ENOCH,
THOMAS J. McAVOY,
Senior United States District Judge
DECISION & ORDER
The United States of America commenced this action on November 18, 2011
asserting that Defendant failed to repay the U.S. Department of Education amounts owed
on a student loan. See Compl. dkt. #1, Master Promissory Note, Ex. A to Compl.
Defendant Robert A. Enoch was served with the Summons and Complaint, see Aff. Ser.,
dkt. # 3, but has failed to appear in this action. The Clerk entered default on February 14,
2012. Dkt. # 6. The United States now moves for a default judgment, attesting that
Defendant executed a promissory note to secure a loans from the Department of
Education and he has failed to repay the loan in full. These allegations, which are
deemed admitted by Defendant’s failure to respond to the motion, see Cotton v. Slone, 4
F.3d 176, 181 (2d Cir. 1993); Greyhound Exhibitgroup., Inc., v. E.L.U.L. Realty Group
Corp., 973 F.2d 155, 158 (2d Cir. 1992), are sufficient to establish Defendant’s liability.
"While a default judgment constitutes an admission of liability, the quantum of
damages remains to be established by proof unless the amount is liquidated or
susceptible of mathematical computation." Flaks v. Koegel, 504 F.2d 702, 707 (2d Cir.
1974) 193. "[E]ven upon default, a court may not rubber-stamp the non-defaulting party's
damages calculation, but rather must ensure that there is a basis for the damages that are
sought." "The burden is on the plaintiff to establish its entitlement to recovery." Bravado
Int'l Group Merch. Servs. v. Ninna, Inc., 655 F. Supp.2d 177, 189 (E.D.N.Y. 2009);
Greyhound Exhibitgroup, 973 F.2d at 158, 160. Here, the materials submitted with the
Complaint together with the affidavits in support of the motion for default are sufficient to
establish damages on the promissory note because those amounts (principal owed on the
notes and interest) are susceptible to mathematical computation. The submissions are
also sufficient to establish the service of process costs ($25.00) incurred by the Untied
States in instituting this action.
For the foregoing reasons, the motion for default judgment is GRANTED, and
judgment is entered in favor of the United States of America against Robert A. Enoch as
follows. With respect to the arrears on the promissory note:
Total Owed through
Pre- and Post-judgment interest is to accrue at the rate of 2.48 percent per year in
accordance with the provisions of the promissory note.
Costs in the amount of $25.00 are assessed against Defendant Robert A. Enoch.
IT IS SO ORDERED
Dated: March 29, 2012
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