United States District Court, E.D. New York
MEMORANDUM AND ORDER
ROSLYNN R. MAUSKOPF, United States District Judge.
the United States of America ("plaintiff), commenced
this action on November 2, 2016, seeking the recovery of $20,
2506.84 in student loan debt, plus interest and costs. (See
Complaint, dated Oct. 26, 2016 ("Compl.").) To
date, defendant Louis R. Ballentine ("defendant")
has not answered or moved with respect to the complaint. On
December 22, 2016. plaintiff moved for a default judgment.
(Motion for Default Judgment, dated Dec. 22, 2016 ("Mot.
Default J.").) Defendant failed to respond. For the
reasons stated below, the Court orders that plaintiffs motion
be granted and that plaintiff be awarded $20, 700.24 plus
alleges that on or about August 20, 2004, defendant
"executed a promissory note to secure a Direct
Consolidation loan from the U.S. Department of
Education" ("the Department"). (Certificate
oflndebtedness. dated Oct. 18, 2016 ("Certificate of
Indebtedness"), annexed to the Compl. as Ex. A.) On
October 29, 2004. the loan was dispersed in payments of $6,
504.02 and $6, 714.49, for a total of $13, 218.51. (hi) The
interest rate is 4.375 percent per annum. (Id.) The
Department demanded payment and defendant defaulted on
December 16, 2009. (Id., ) Pursuant to 34 C.F.R. §
685.202(b), the Department capitalized an amount of $2,
221.46 in unpaid interest and added it to the principal
balance. (Id.) The Department has also credited
payments of $216.00 to the balance. (Id.) As of
October 18. 2016, the principal was $15, 439.97 and the total
debt was $20, 506.84. (hi) The interest rate of 4.375 percent
per annum equals $1.85 per diem. (Id.) Plaintiff
calculates that the total balance had risen to $20, 625.24 as
of December 21, 2016. (Affirmation of Michael T. Sucher,
Esq., dated Dec. 21. 2016("Sucher Aff.").¶8.)
55 of the Federal Rules of Civil Procedure establishes the
two-step process for a plaintiff to obtain a default
judgment." United States v. Kemp. No. 15 CV
2419, 2015 WL 6620624. at *2 (E.D.N.Y. Oct. 30, 2015). First,
"[w]hen a party against whom a judgment for affirmative
relief is sought has failed to plead or otherwise defend, and
that failure is shown by affidavit or otherwise, the clerk
must enter the parly's default." FED. R. CIV. P.
55(a). "Second. after a default has been entered against
a defendant, and the defendant fails to appear or move to set
aside the default under Rule 55(c), the court may, on a
plaintiffs motion, enter a default judgment."
Kemp. 2015 WL 6620624, at *2 (citing FED. R. CIV. P.
has demonstrated that defendant was properly served with the
summons and complaint. (Affidavit of Service of Olga
Martsenyuk, sworn to Dec. 19, 2016.) On December 20. 2016.
the Clerk of the Court noted defendant's default.
(Clerk's Certificate, dated Dec. 20. 2016.) Plaintiff has
alleged that defendant executed a promissory note for loans
originally totaling $ 13, 218.51 and has since defaulted on
the debt. (Certificate of Indebtedness.) The Court therefore
orders that plaintiffs motion for default judgment be
well settled that, upon default, a defendant is deemed to
have admitted all of the well-pleaded allegations in the
complaint pertaining to liability. Cotton v. Slone,
4 I\3d 176. 181 (2dCir. 1993); Greyhound Exhibitgroup.
Inc. v. E.L.U.L. Realty Corp.. 973 F.2d 155, 158 (2d
Cir. 1992). "While a default judgment constitutes an
admission of liability, the quantum of damages remains to be
established by proof unless the amount is liquidated or
susceptible of mathematical computation."' Flaks
v. Koeacl, 504 l;.2d 702. 707 (2d Cir. 1974).
"On a motion for default judgment, a plaintiff has the
burden to prove damages to the court with a 'reasonable
certainty.'" Kemp. 2015 WL 6620624, at *2
(quoting Credit Lyonnais Sees. (USA). Inc. v.
Alcantara, 183 F.3d 151, 155 (2d Cir. 1999)).
plaintiff seeks to recover the unpaid principal of the loan,
prejudgment interest. costs, and post-judgment interest
pursuant to 28 U.S.C § 1961. (Compl. ¶ 5.) First,
plaintiff has established, via a sworn certificate of
indebtedness, that defendant owes a principal balance of $15,
439.97. (Certificate of Indebtedness.) The Court orders that
plaintiff be awarded this amount.
plaintiff requests prejudgment interest. Plaintiff has
established an interest rate of 4.375 percent per annum, a
rate of $1.85 per day. (Id.) The Department
calculates an accrued interest total of $5066.87 as of
October 18. 2016. (Id.) Plaintiff calculates that
this amount has increased to $5185.27 as of December 21,
2016. (Sucher Aff. ¶ 8.) The Court finds this
calculation to be accurate. Plaintiff also requests per diem
interest from December 8, 2015 through the date of entry of
judgment. (Id. ¶ 12.) Accordingly, the Court
orders an award of $5185.27 and that prejudgment interest
shall continue to accrue at the rate of $1.85 per day from
December 8, 2015 until the date of judgment.
also requests, and is entitled to. post-judgment interest
pursuant to 28 U.S.C § 1961. (Compl, ¶ 5.)
"Such interest shall be calculated from the date of the
entry of the judgment, at a rate equal to the weekly average
1-year constant maturity Treasury yield, as published by the
Board of Governors of the Federal Reserve System, for the
calendar week preceding, [sic] the dale of the
judgment." 28 U.S.C. § 1961(a); see also United
States v. Williams, No. 09 CV 3465, 2013 WL 3187050, at
*3 (E.D.N.Y. June 20, 2013) (awarding post-judgment interest
pursuant to 28 U.S.C § 1961).
plaintiff seeks to recover $75 for service of the summons and
complaint. (Sucher Aff. ¶ 10.) Costs "may be
awarded to the prevailing party in any civil action brought
by or against the United States."' 28 U.S.C.
§2412(a)(1). The Court ...