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United States v. Gagnon

United States District Court, N.D. New York

December 19, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
ERIN GAGNON, Defendant.

          OVERTON, RUSSELL, DOERR, & DONOVAN LINDA L. DONOVAN, ESQ. Counsel for Plaintiff

          DECISION AND ORDER

          GLENN T. SUDDABY, CHIEF UNITED STATES DISTRICT JUDGE

         Currently 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.

         I. RELEVANT BACKGROUND

         A. Plaintiff's Complaint

         Liberally 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. § 1961. (Id.)

         B. Plaintiff's Service of the Complaint and Defendant's Failure to Answer

         On 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.)

         C. Clerk's Office's Entry of Default and Defendant's Non-Appearance

         On 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.)

         D. Plaintiff's Motion for Default Judgment and Defendant's Non-Response

         On 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 Docket Sheet.)

         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].)

         II. RELEVANT ...


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