United States of America v. Jasniewski

Filing 8

DECISION AND ORDER granting Pltf's 6 Motion for Default Judgment. Pltf is entitled to judgment in the total amount of $14,435.22 as detailed in the 12/27/12 affidavit of Gary Valerino. Signed by Senior Judge Thomas J. McAvoy on 2/7/13. (sfp, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------UNITED STATES OF AMERICA,
Plaintiff,
v.

5:12-cv-1414

MICHAEL JASNIEWSKI, JR,
Defendant.
-------------------------------THOMAS J. McAVOY
Senior United States District Judge
DECISION and ORDER
The United States of America moves for a default judgment in connection with the
defendant’s failure to repay student loans or other promissory notes. The Complaint and
documents attached thereto demonstrate that Defendant executed promissory notes to
secure various loans from the U.S. Department of Education. The Department has
demanded payment in accordance with the terms of the note. To date, Defendant has failed
to pay the debt. These allegations, which are deemed admitted by Defendant’s failure to
respond, 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). "[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." Overcash v.
United Abstract Group, Inc., 549 F. Supp. 2d 193, 196 (N.D.N.Y. 2008). "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 affidavit in
support of the motion for default are sufficient to establish damages on the promissory notes
because those amounts (principal owed on the notes and interest) are susceptible to
mathematical computation.
For the foregoing reasons, the motion for default judgment is GRANTED and
Plaintiff is entitled to judgment in the total amount of $14,435.22 as detailed in the December
27, 2012 affidavit of Gary Valerino.
IT IS SO ORDERED.
Dated: February 7, 2013

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