United States Of America v. Stumph
Filing
15
MEMORANDUM (Order to follow as separate docket entry). Signed by Honorable Matthew W. Brann on 6/2/2017. (jn)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
ROBERT D. STUMPH, JR.,
Defendant.
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No.: 4:16-cv-02485
(Judge Brann)
MEMORANDUM OPINION
JUNE 2, 2017
FINDINGS:
1.
On December 16, 2016, Plaintiff, the United States of America, filed
its Complaint in this action against the Defendant, Robert D. Stumph,
Jr., ECF No. 1;
2.
On March 2, 2017, service of the operative Summons and Complaint
was personally made upon the Defendant at SCI Retreat, 660 State
Route 11, Hunlock Creek, Luzerne County, Pennsylvania, in
accordance with Federal Rule of Civil Procedure 4(e), ECF No. 4;
3.
The Defendant has failed to timely answer Plaintiff’s Complaint;
4.
On April 10, 2017, the Clerk of Court entered Default as to the
Defendant, ECF No. 10;
5.
On April 10, 2017, Plaintiff moved for entry of Default Judgment as
to the claims advanced in its Complaint against the Defendant, ECF
No. 7;
6.
The Defendant has failed to respond to Plaintiff’s Motion for Default
Judgment within the time period set forth in the Local Rules;
7.
The Defendant has failed to make an appearance in this action;
8.
Plaintiff’s claim is for $208,457.85 plus interest accruing upon the
unpaid balance from August 24, 2016 at the daily rate of $23.53 due
on a June 28, 2007 loan from the United States Department of
Agriculture in the principal amount of $141,600.00, ECF No. 1 at 1;
9.
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); and
10.
Counsel for Plaintiff swears that, upon reasonable investigation, the
Defendant is not believed to be presently in the military service of the
United States, and in fact, the Defendant appears to be a state inmate;
ECF No. 9;
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11.
On April 28, 2017, this Court issued a Notice and Order to Show
Cause, ECF No. 11, 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
May 19, 2017 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.
12.
In that same Order, I directed the Clerk of Court to mail a copy of the
same to the Defendant at the following addresses of record:
Robert D. Stumph, Jr.
660 State Route 11
Hunlock Creek, PA 18621
Robert D. Stumph, Jr.
301 ½ S. Elmer Avenue
Sayre, PA 18840
Robert D. Stumph, Jr.
48 Pleasant Street
Sayre, PA 18840
13.
The Clerk mailed a copy of the Notice and Order to Show Cause as
directed;
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14.
On May 8, 2017, the Court received notice that its April 28, 2017
mailing was returned undeliverable solely as to Mr. Stumph’s SCI
Retreat address in Hunlock Creek address. ECF No. 13. The envelope
contained a check next to the category “Missing inmate number.” Id.;
15.
Accordingly and out of an abundance of caution, the Court mailed an
additional copy of its April 28, 2017 Order to Mr. Stumph at the
below corrected address on May 9, 2017, ECF No. 14:
Robert D. Stumph, Jr.
LV6167
SCI Retreat
660 State Route 11
Hunlock Creek, PA 18621
16.
No subsequent undeliverable notice has been returned to the Court;
17.
The Court has extended the responsive deadline to account for the
time elapsed between the April 28, 2017 mailing and the May 9, 2017
corrected mailing;
18.
As of today’s date, no response has been received from the Defendant.
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CONCLUSION:
The Plaintiff, the UNITED STATES OF AMERICA, is entitled to the
entry of default judgment, the Defendant, ROBERT D. STUMPH, JR., 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. 7, is GRANTED.
An appropriate Order follows.
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
United States District Judge
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