United States of America v. Jackson

Filing 15

Amended Memorandum Opinion and Order granting 14 Motion to Correct Judgment. Plaintiff is entitled to and shall recover from Defendant the amount of $10,771.47. Further, the court vacates its Memorandum Opinion and Order and Judgment issued on June 17, 2015. (Ordered by Judge Sam A Lindsay on 11/6/2015) (mem)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
ALVIN G. JACKSON,
Defendant.

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Civil Action No. 3:15-CV-784-L

AMENDED MEMORANDUM OPINION AND ORDER
Before the court is the United States’ Motion to Correct Judgment, filed November 5, 2015.
After careful consideration of the motion, appendix, record, and applicable law, the court grants
the United States’ Motion to Correct Judgment. To avoid or minimize the necessity of issuing an
amended judgment because of the amount of damages, the court specifically directs Plaintiff in
future motions seeking a default judgment to set forth the specific relief requested in addition to
what is contained in supporting documentation. Further, the court vacates its Memorandum
Opinion and Order and Judgment issued on June 17, 2015.
I.

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

(“Complaint”) on March 10, 2015, against Alvin G. Jackson (“Defendant” or “Jackson”). This
action arises from the failure of Jackson to make the required payments on loans he obtained in
August 1988. The loans were disbursed for $2,625 on September 15, 1988, and $1,600 on
September 16, 1988, at a variable rate of interest to be established annually by the Department of
Education. The loans were guaranteed by Texas Guaranteed Student Loan Corporation and then
reinsured by the Department of Education under the loan guaranty programs authorized under Title
Amended Memorandum Opinion and Order – Page 1

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, Jackson defaulted on the loans on June 28,
1989, and July 28, 1994, respectively.
Jackson was served with a copy of the summons and Complaint on May 13, 2015.
Defendant was required to answer or otherwise respond to the Complaint by June 3, 2015, 21 days
after service of the summons and Complaint. See Fed. R. Civ. P. 12. To this date, Jackson has not
answered or otherwise responded to the Complaint.
On June 12, 2015, the United States requested the clerk of court to enter a default against
Jackson, and the clerk entered default against Jackson the same day. Plaintiff now requests the
court to enter a default judgment against Jackson 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 Jackson.
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.
Jackson, 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

Amended Memorandum Opinion and Order – Page 2

the court accepts as true, and the record in this action, the court determines that Jackson 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 Jackson owed the United States as of December
24, 2014, was $10,697.55 ($2,817.74 in principal and $3,906.58 in interest on the first loan; and
$1,801.19 in principal and $2,172.04 in interest on the second loan). Interest accrues on the
principal of the first loan at the rate of 3.28% per annum, or a per diem rate of $.25, and on the
second loan at the rate of 3.35% per annum, or a per diem rate of $.17. The number of days from
December 24, 2014, to June 17, 2015, is 176, which results in additional interest in the amount of
$73.92. Therefore, the total amount of judgment to which the United States is entitled is
$10,771.47.
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 $10,771.47.
The court will enter and amended 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 6th day of November, 2015.

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Sam A. Lindsay
United States District Judge

Amended Memorandum Opinion and Order – Page 3