United States of America v. Gardner
Filing
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ORDER GRANTING DEFAULT JUDGMENT. Signed by the Honorable R. Bryan Harwell on 2/18/2016. (hcic, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
United States of America,
Plaintiff,
v.
Johnny Gardner,
Defendant.
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C/A No.: 4:15-cv-02276-RBH
ORDER GRANTING
DEFAULT JUDGMENT
This matter is before the Court upon the Plaintiff’s Request for Entry of Default and
Motion for Default Judgment. After careful review of the pleadings, motion, return of service
and all exhibits attached thereto, the Court finds that Defendant failed to plead or otherwise
defend as required by the Federal Rules of Civil Procedure.
In addition, Plaintiff submitted Certificates of Indebtedness and an Affidavit of Counsel
demonstrating that the amount requested in the complaint is a sum certain. Two hundred sixtyfour days have passed since May 27, 2015. Using the $0.48 per diem rate of interest, as of
February 15, 2016, Defendant is indebted to the Plaintiff in the amount of $4,820.55 for the first
promissory note. Using the $0.48 per diem rate of interest, as of February 15, 2016, Defendant is
indebted to the Plaintiff in the amount of $4,820.57 for the second promissory note. Using the
$1.45 per diem rate of interest, as of February 15, 2016, Defendant is indebted to the Plaintiff in
the amount of $32,205.08 for the third set of promissory notes. Using the $1.34 per diem rate of
interest, as of February 15, 2016, Defendant is indebted to the Plaintiff in the amount of
$13,101.60 for the fourth promissory note. Including the costs of $132.93, Defendant is indebted
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to the Plaintiff in the total amount of $55,080.73. Therefore, no further action is necessary to
enter a Judgment.
Therefore, it is ordered, pursuant to Fed. R. Civ. P. 55 (b)(1) and (b)(2) that the Plaintiff
is granted a Judgment against Defendant for $55,080.73. Further, pursuant to 28 USC §1961,
interest on the Judgment at the legal rate shall continue to accrue until the Judgment is paid in
full.
AND IT IS SO ORDERED.
February 18, 2016
Florence, South Carolina
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
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