Pennsylvania Higher Education Assistance Agency v Coffey

Filing 16

ORDER granting 7 Motion for Default Judgment; adopting 15 Report and Recommendations. After reviewing the record, the Court agrees with Magistrate Judge Lees Report and Recommendation. The Court hereby ACCEPTS and ADOPTS the Magistrate Judges findings of fact, conclusions of law, and recommendations pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b). Plaintiffs Motion for Default Judgment (Doc. 7) is hereby GRANTED, and judgment for damages is awarded in the amounts s et forth above. Pursuant to Fed. R. Civ. P. 58(a), the Clerk of Court is DIRECTED to enter a separate judgment in favor of Plaintiff and, thereafter, close this case. Signed by District Judge Harry S Mattice, Jr on 4/2/13. (CNM, ) Copy of Order mailed to Benjamin Scott Coffey.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at CHATTANOOGA
PENNSYLVANIA HIGHER EDUCATION )
ASSISTANCE AGENCY, as servicing agent )
for, and o/b/o SunTrust Bank,
)
)
Plaintiff,
)
)
v.
)
)
BENJAMIN SCOTT COFFEY,
)
)
Defendant.
)
)

Case No. 1:12-cv-271
Judge Mattice

ORDER
Plaintiff Pennsylvania Higher Education Assistance Agency (“PHEAA”), as
servicing agent for, and on behalf of SunTrust Bank, has filed a Motion for Default
Judgment against Defendant Benjamin Scott Coffey. (Doc. 7). The Court referred the
Motion to United States Magistrate Judge Susan K. Lee for a Report and
Recommendation on Defendant’s liability for the causes of action in Plaintiff’s
complaint and the amount of damages, including pre- and post-judgment interest, to
which Plaintiff is entitled as a result of Defendants’ liability for such causes of action.
(Doc. 8).
After conducting an evidentiary hearing with respect to damages (at which
Defendant failed to appear despite notice), Magistrate Judge Lee filed her Report and
Recommendation pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure
72(b). (Doc. 15). Magistrate Judge Lee recommended that Plaintiff be awarded a total
of $32,906.07 in pre-judgment damages, allocated in the following amounts:



The principal amount of $26,763.89;



Pre-judgment interest through February 28, 2013 in the amount of
$467.18;



Attorneys’ fees in the amount of $5,325.00 and costs in the amount of
$350.00.

Additionally, Magistrate Judge Lee recommended an award of post-judgment
interest at the statutory rate pursuant to 28 U.S.C. § 1961. (Doc. 15).
Neither party has filed objections to the Magistrate Judge’s Report and
Recommendation.
After reviewing the record, the Court agrees with Magistrate Judge Lee’s Report
and Recommendation. The Court hereby ACCEPTS and ADOPTS the Magistrate
Judge’s findings of fact, conclusions of law, and recommendations pursuant to 28 U.S.C.
§ 636(b)(1) and Rule 72(b). Plaintiff’s Motion for Default Judgment (Doc. 7) is hereby
GRANTED, and judgment for damages is awarded in the amounts set forth above.
Pursuant to Fed. R. Civ. P. 58(a), the Clerk of Court is DIRECTED to enter a
separate judgment in favor of Plaintiff and, thereafter, close this case.

SO ORDERED this 2nd day of April, 2013.

/s/ Harry S. Mattice, Jr._______
HARRY S. MATTICE, JR.
UNITED STATES DISTRICT JUDGE

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