United States District Court, N.D. New York
OVERTON, RUSSELL, DOERR, & DONOVAN LINDA L. DONOVAN, ESQ.
Counsel for Plaintiff
DECISION AND ORDER
T. SUDDABY, CHIEF UNITED STATES DISTRICT JUDGE
before the Court, in this federal student loan default action
filed by the United States (“Plaintiff”) against
Erin Gagnon (“Defendant”), is Plaintiff's
motion for default judgment pursuant to Fed.R.Civ.P. 55(b).
(Dkt. No. 8.) For the reasons stated below, Plaintiff's
motion is granted with regard to liability but denied without
prejudice with regard to damages.
construed, Plaintiff's Complaint alleges that (a)
Defendant owes a debt to Plaintiff in the amount of $34,
663.63 comprised of both principal and capitalized and
accrued interest as of the date of the Complaint, (b)
Plaintiff made a demand for payment of this debt, and (c)
Defendant neglected and refused to pay the debt. (Dkt. No. 1,
at 2 [Compl.].) As a result, Plaintiff requests a judgment
granting payment of the above amount, as well as prejudgment
interest through the date of the judgment, attorneys'
fees as allowed by law, all administrative costs allowed by
law, and post-judgment interest pursuant to 28 U.S.C. §
Plaintiff's Service of the Complaint and Defendant's
Failure to Answer
January 16, 2017, Plaintiff served the Complaint on
Defendant. (Dkt. No. 4.) As of the date of this Decision and
Order, Defendant has filed no Answer to that Complaint.
(See generally Docket Sheet.)
Clerk's Office's Entry of Default and Defendant's
March 24, 2017, Plaintiff filed a request for entry of
default. (Dkt. No. 5.) On March 27, 2017, the Clerk of the
Court entered default against Defendant. (Dkt. No. 7.) As of
the date of this Decision and Order, Defendant has not
appeared or attempted to cure that entry of default. (See
generally Docket Sheet.)
Plaintiff's Motion for Default Judgment and
March 27, 2017, Plaintiff filed a motion for default judgment
against Defendant, pursuant to Fed.R.Civ.P. 55(b). (Dkt. No.
8.) As of the date of this Decision and Order, Defendant has
filed no response to that motion. (See generally
in support of its motion for default judgment, Plaintiff
argues that it is entitled to an entry of default judgment
granting the amount owed by Defendant plus interest and costs
based on Defendant's failure to answer or otherwise
formally respond to the Complaint and the Clerk of the
Court's entry of default. (Dkt. No. 8, at 3-4 [Pl.'s
Mem. o f Law].)