UNITED STATES OF AMERICA v. Santos-Simon

Filing 11

MEMORANDUM OPINION (Order to follow as separate docket entry). Signed by Honorable Matthew W. Brann on 10/31/17. (lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
ELIZABETH SANTOS-SIMON,
Defendant.

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No. 4:17-CV-01365
(Judge Brann)

MEMORANDUM OPINION
OCTOBER 31, 2017
FINDINGS:
1.

On August 2, 2017, Plaintiff, the United States of America, filed its
Complaint in this action against the Defendant, Elizabeth SantosSimon. 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. 5 Ex. 2;

3.

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

4.

On October 3, 2017, the Clerk of Court entered Default as to the
Defendant. ECF No. 8;

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5.

On October 3, 2017, Plaintiff moved for entry of Default Judgment as
to the claims advanced in its Complaint against the Defendant. ECF
No. 5;

6.

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

7.

Plaintiff’s claim is for $ 146,833.46 plus interest accruing upon the
unpaid balance at a daily rate of $ 16.10 due on a July 14, 2003 loan
from the United States Department of Agriculture in the principal
amount of $113,500.00, ECF No. 1 at 2-3;

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. 7;

10.

On October 6, 2017, this Court issued a Notice and Order to Show
Cause, ECF No. 9, 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
October 27, 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.
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11.

In that same Order, the Court further directed the Clerk of Court to
mail a copy of the same to the Defendant at the following address of
record:
Elizabeth Santos-Simon
3760 Mountain Shadow Drive
Fayetteville, PA 17222

12.

The Clerk mailed a copy of the Notice and Order to Show Cause as
directed. ECF No. 10;

13.

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

CONCLUSION:
Plaintiff, the UNITED STATES OF AMERICA, is entitled to the entry of
default judgment, the Defendant, ELIZABETH SANTOS-SIMON, 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. 5, 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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