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Hica Education Loan Corporation v. Frank J. Brown

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


May 9, 2012

HICA EDUCATION LOAN CORPORATION, PLAINTIFF,
v.
FRANK J. BROWN, DEFENDANT.

The opinion of the court was delivered by: Hillman, District Judge

ORDER

This matter having come before the Court on Plaintiff's motion for the entry of default judgment pursuant to Federal Civil Procedure Rule 55; and Rule 55 providing that obtaining a default judgment is a two-step process--first, when a defendant has failed to plead or otherwise respond, a plaintiff may request the entry of default by the Clerk of the Court, Fed. R. Civ. P. 55(a), and second, after the Clerk has entered the party's default, a plaintiff may then obtain a judgment by default by either (1) asking the Clerk to enter judgment, if the judgment is a sum certain, or (2) applying to the Court, Fed. R. Civ. P. 55(b); and Plaintiff having requested the entry of default by the Clerk, and the Clerk having entered default on January 9, 2012; and Plaintiff now applying to the Court for default judgment pursuant to Rule 55(b)(2); but The Court also noting that Plaintiff is seeking a sum certain;*fn1

Accordingly,

IT IS HEREBY on this 2nd day of May , 2012 ORDERED the Clerk of the Court is directed to enter the judgment of default, pursuant to Fed. R. Civ. P. 55(b)(1), in the amount of $7,265.95, plus prejudgment interest from January 10, 2012, to the date of this Order at the rate of $.69 per day; and it is further

ORDERED that plaintiff's motion for default judgment [6] is DENIED AS MOOT.

NOEL L. HILLMAN, U.S.D.J At Camden, New Jersey


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