United States of America v. Roland
Filing
12
Memorandum Opinion and Order granting 11 MOTION for Default Judgment. Plaintiff is entitled to and shall recover from Defendant the amount of $6,183.41. (Ordered by Judge Sam A Lindsay on 7/8/2015) (jrr)
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
PEGGY J. ROLAND,
Defendant.
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Civil Action No. 3:15-CV-734-L
MEMORANDUM OPINION AND ORDER
Before the court is the United States’ Motion for Default Judgment, filed July 7, 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 March 5, 2015, against Peggy J. Roland (“Defendant” or “Roland”). This action
arises from the failure of Roland to make the required payments on loans she obtained in August
and November 2003. The loans were disbursed for $2,625 on September 9, 2003 and $1,500 on
November 18, 2003, at a variable rate of interest to be established annually by the Department of
Education. The loan obligation was guaranteed by Texas Guaranteed Student Loan Corporation
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, Roland defaulted on the loan on
February 19, 2004.
Memorandum Opinion and Order – Page 1
Roland was served with a copy of the summons and Complaint on June 6, 2015. Defendant
was required to answer or otherwise respond to the Complaint by June 29, 2015, 21 days after
service of the summons and Complaint. See Fed. R. Civ. P. 12. The deadline is June 29, 2015,
because June 27th falls on a weekend, and the next day that was not a weekend or holiday was
June 29th. To this date, Roland has not answered or otherwise responded to the Complaint.
On July 6, 2015, the United States requested the clerk of court to enter a default against
Roland, and the clerk entered default against Roland the same day. Plaintiff now requests the court
to enter a default judgment against Roland 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 Roland.
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.
Roland, 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 accepts as true, and the record in this action, the court determines that Roland is in default
and that the United States is entitled to a default judgment and appropriate damages.
Memorandum Opinion and Order – Page 2
Based on the record, the total amount that Roland owed the United States as of January 14,
2015, was $6,118.66 ($4,355.56 in principal and $1,763.10 in interest). Interest accrues on the
principal at the rate of 3.13% per annum, or a per diem rate of $.37. The number of days from
January 14, 2015, to July 8, 2015, is 175, which results in additional interest in the amount of
$64.75. Therefore, the total amount of judgment to which the United States is entitled is $6,183.41.
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 $6,183.41.
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 8th day of July, 2015.
_________________________________
Sam A. Lindsay
United States District Judge
Memorandum Opinion and Order – Page 3
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