United States of America v. Lonzo, Jr.

Filing 10

MEMORANDUM OPINION AND ORDER granting 9 Motion for Default Judgment filed by United States of America. (Ordered by Judge Sam A Lindsay on 4/13/2015) (skt)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
ANTHONY E. LONZO, JR.,
Defendant.

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Civil Action No. 3:15-CV-148-L

MEMORANDUM OPINION AND ORDER
Before the court is the United States’ Motion for Default Judgment, filed February 9, 2015.
After careful consideration of the motion, appendix, record, and applicable law, the court grants
the United States’ Motion for Default Judgment.
I.

Background
The United States (“Plaintiff” or “United States”) filed Plaintiff’s Complaint

(“Complaint”) on January 16, 2015, against Anthony E. Lonzo, Jr. (“Defendant” or “Lonzo”).
This action arises from the failure of Lonzo to make the required payments on loans he obtained
in March 1988 (“1988 loan”) and August 1989 (“1989 loan”).
The 1988 loan was disbursed for $1,033 on March 28, 1988, at 8.00% interest per annum.
The 1988 loan was guaranteed by Higher Education Assistance Foundation and then reinsured by
the Department of Education under the loan guaranty programs authorized under Title IV-B of the
Higher Education Act of 1965, as amended, 20 U.S.C. 1071 et seq. (34 C.F.R. Part 682). After
demand of payment by the United States, Lonzo defaulted on the loan on August 8, 1997.
The 1989 loan was disbursed for $1,634 on September 11, 1989, at a variable rate of
interest to be established annually by the Department of Education. The 1989 loan was guaranteed
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by Louisiana Office of Student Financial Assistance and then reinsured by the Department of
Education under the loan guaranty programs authorized under Title IV-B of the Higher Education
Act of 1965, as amended, 20 U.S.C. 1071 et seq. (34 C.F.R. Part 682). After demand of payment
by the United States, Lonzo defaulted on the 1989 loan on January 16, 1997.
Lonzo was served with a copy of the summons and Complaint on March 7, 2015. He was
required to answer or otherwise respond to the Complaint by March 30, 2015, 21 days after service
of the summons and Complaint. See Fed. R. Civ. P. 12. To this date, Lonzo has not answered or
otherwise responded to the Complaint.
On April 7, 2015, the United States requested the clerk of court to enter a default against
Lonzo, and the clerk made an entry of default against Lonzo the same day. Plaintiff now requests
the court to enter a default judgment against Lonzo and award it damages and applicable interest
as a result of his default.
II.

Discussion
A party is entitled to entry of a default by the clerk of the court if the opposing party fails

to plead or otherwise defend as required by law. Fed. R. Civ. P. 55(a). Under Rule 55(a), a default
must be entered before the court may enter a default judgment. Id.; New York Life Ins. Co. v.
Brown, 84 F.3d 137, 141 (5th Cir. 1996). The clerk of court has entered a default against Lonzo.
The court also finds, based upon the information in the record, that Defendant is not a minor,
incompetent person, or member of the United States military.
Lonzo, by failing to answer or otherwise respond to Plaintiff’s Complaint, has admitted the
well-pleaded allegations of the Complaint and is precluded from contesting the established facts
on appeal. Nishimatsu Constr. Co. v. Houston Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975)
(citations omitted). Based on the well-pleaded allegations of Plaintiff’s Complaint, which the court
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accepts as true, and the record in this action, the court determines that Lonzo is in default and that
the United States is entitled to a default judgment and appropriate damages.
Based on the record, the total amount that Lonzo owed the United States as of July 18,
2014, on the 1988 loan was $2,675.49 ($1,164.27 in principal and $1,511.22 in interest); and the
total amount owed on the 1989 loan was $3,553.66 ($1,752.61 in principal and $1,801.05 in
interest) for total amount of $6,229.15 on both loans. Interest accrues on the principal at the rate
of $.42 per day. The number of days from July 18, 2014, to April 13, 2015, is 269, which results
in additional interest in the amount of $112.98. Therefore, the total amount of judgment to which
the United States is entitled is $6,342.13.
III.

Conclusion
For the reasons herein stated, the court grants the United States’ Motion for Default

Judgment, and Plaintiff is entitled to and shall recover from Defendant the amount of $6,342.13.
The court will enter judgment by separate document, as required by Federal Rule of Civil
Procedure 58, in the amount stated in favor of the United States.
It is so ordered this 13th day of April, 2015.

_________________________________
Sam A. Lindsay
United States District Judge

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