United States of America v. McCormick

Filing 13

MEMORANDUM AND ORDER, the Court finds that the Motion to Compel Post-Judgment Discovery 9 is well-taken, and it is GRANTED IN PART and DENIED IN PART. Defendant Willard S. McCormick SHALL RESPOND to the post-judgment discovery that has been served upon him on or before June 17, 2014. Signed by Magistrate Judge C Clifford Shirley, Jr on 5/27/14. (c/m to Mr. McCormick at 7144 Pisa Circle, Corryton, TN 37721) (JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
UNITED STATES OF AMERICA,
Plaintiff,

v.
WILLARD S. MCCORMICK,
Defendant.

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Case No. 3:11-CV-114-TAV-CCS

MEMORANDUM AND ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court,
and the order of the District Judge referring a Motion to Compel Post-Judgment Discovery, filed
by the United States, to the undersigned for disposition or report and recommendation as may be
appropriate.
On August 8, 2011, judgment was entered against Defendant Willard S. McCormick in
this case, for student loan debt in the total amount of $66,069.04. Interest has accrued on the
judgment at the rate of .160% per annum. The United States represents that, since entry of the
judgment, the United States has collected one involuntary payment through the Treasury Offset
Program in the amount of $7,061.00, toward satisfaction of this judgment. In its Motion to
Compel, the United States represents that it served requests for post-judgment discovery related
to recovering the student loan debt on the Defendant on several occasions, most recently
December 4, 2013. The United States represents that the Defendant has not responded to the
post-judgment discovery, and the United States moves the Court to compel the Defendant to

respond to the post-judgment discovery. Assistant United States Attorney Suzanne H. Bauknight
has submitted a declaration attesting to the above facts.
The Motion to Compel Post-Judgment Discovery was filed May 7, 2014, and Ms.
Bauknight certified that a copy of the motion was mailed to Willard S. McCormick, 7144 Pisa
Circle, Corryton, TN 37721, on the same date.
Defendant McCormick has not responded to the Motion to Compel Post-Judgment
Discovery [Doc. 9], and the time for doing so has expired, see Fed. R. Civ. P. 6(d), 5(b)(2)(E);
E.D. Tenn. L.R. 7.1. The Court may treat this failure to respond as acquiescence to the relief
sought. See E.D. Tenn. L.R. 7.2; see also Campbell v. McMinn County, 2012 WL 369090 (E.D.
Tenn. 2012) (Curtis, C.J.) (“Plaintiff’s failure to respond effectively waives any objections that
he may have had on this matter.”).
Accordingly, the Court finds that the Motion to Compel Post-Judgment Discovery [Doc.
9] is well-taken, and it is GRANTED IN PART and DENIED IN PART as follows. Defendant
Willard S. McCormick SHALL RESPOND to the post-judgment discovery that has been served
upon him on or before June 17, 2014. The Court will not award fees or expenses at this time.
However, failure to comply with this Memorandum and Order may result in the Court issuing
sanctions, including an award of fees and expenses or other monetary sanctions. See Fed. R.
Civ. P. 37(b)(2). The Clerk of Court is DIRECTED to mail a copy of this Memorandum and
Order to Defendant at his last known address.
IT IS SO ORDERED.
ENTER:
s/ C. Clifford Shirley, Jr.
United States Magistrate Judge

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