United States Of America v. Thomas

Filing 12

MEMORANDUM (Order to follow as separate docket entry) re 6 MOTION for Default Judgment as to Gayle L. Thomas filed by United States Of America. Signed by Honorable Matthew W. Brann on 12/7/2016. (ch1)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
GAYLE L. THOMAS,
Defendant.

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No. 4:16-cv-01405
(Judge Brann)

MEMORANDUM
December 7, 2016
FINDINGS:
1.

On July 7, 2016, Plaintiff, the United States of America, filed its
Complaint in this action against the Defendant, Gayle L. Thomas.
ECF No. 1;

2.

Service of the operative Summons and Complaint was personally
made upon the Defendant in accordance with Federal Rule of Civil
Procedure 4(e). ECF No. 6 Ex. 1;

3.

The Defendant has failed to timely answer Plaintiff’s Complaint;

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4.

On October 26, 2016, the Clerk of Court entered Default as to the
Defendant. ECF No. 9;

5.

On October 26, 2016, Plaintiff moved for entry of Default Judgment
as to the claims advanced in its Complaint against the Defendant.
ECF No. 6;

6.

The Defendant has failed to make an appearance in this action;

7.

Plaintiff’s claim is for $93, 897.19 plus interest accruing upon the
unpaid balance from April 8, 2016 at the daily rate of $9.89 due on a
June 28, 2005 loan from the United States Department of Agriculture
in the principal amount of $70,000.00. ECF No. 1 at 1;

8.

Accordingly, Plaintiff’s claim “is for a sum certain or a sum that can
be made certain by computation” as contemplated by Federal Rule
of Civil Procedure 55(b)(1);

9.

Counsel for Plaintiff swears that, upon reasonable investigation, the
Defendant is not believed to be presently in the military service of
the United States. ECF No. 8;

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10.

On October 31, 2016, this Court issued a Notice and Order to Shaw
Cause, ECF No. 10, directing as follows:
IT IS HEREBY ORDERED that the Defendant, within twenty-one
(21) days of this Notice and Order to Show Cause and no later than
November 30, 2016 at 5:00 p.m., shall SHOW CAUSE as to why this
Court should not grant Plaintiff’s Motion for Default Judgment. In
the event that the Defendant fails to show cause, the Defendant is
NOTICED that this Court will grant Plaintiff’s Motion for Default
Judgment in full and will immediately award Plaintiff the entirety of
the relief it seeks.

11.

In that same Order, the Court further directed the Clerk of Court to
mail a copy of the same to the Defendant at both of the following
addresses of record:
Gayle L. Thomas
1080 Maple Street
Sabinsville, PA 16943
Gayle L. Thomas
P.O. Box 134
Sabinsville, PA 16943

12.

The Clerk mailed a copy of the Notice and Order to Show Cause as
directed. ECF No. 11;

13.

As of today’s date, no response has been received from Defendant.

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CONCLUSION:
The Plaintiff, the UNITED STATES OF AMERICA, is entitled to the entry
of default judgment, the Defendant, GAYLE L. THOMAS, having failed to show
cause and having been noticed that this Court will grant Plaintiff’s Motion for
Default Judgment in full and will immediately award Plaintiff the entirety of the
relief it seeks in the event of such failure. Accordingly, Plaintiff’s Motion for
Default Judgment, ECF No. 6, is GRANTED. An appropriate order shall issue.

BY THE COURT:

/s Matthew W. Brann
Matthew W. Brann
United States District Judge

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