Opinion
CASE NO. 11-80429-CIV-MIDDLEBROOKS/JOHNSON
11-07-2011
SUNTRUST BANK, Plaintiff, v. JOEL RAMSDEN, Defendant.
ORDER GRANTING PLAINTIFF'S MOTION FOR FINAL DEFAULT JUDGMENT
THIS CAUSE comes before the Court upon Plaintiff Suntrust Bank's ("Plaintiff or "Suntrust") Motion for Final Default Judgment ("Motion") (DE 14). I have reviewed the record in this matter and am advised in the premises. For the foregoing reasons, Plaintiff's Motion shall be GRANTED.
I. BACKGROUND
Plaintiff commenced this action against Defendant Joel Ramsden ("Defendant" or "Ramsden") on April 21, 2011 to recover unpaid principal and interest on an Instrument signed by Plaintiff, in the principal amount of $200,000, regarding real property. (DE 1 at 2). Defendant was served with the Summons and Complaint on May 12, 2011. (DE 8). His Answer was due by no later than June 2, 2011. (Id.). He never responded.
On June 6, 2011, upon application by the Plaintiff, the Clerk of Court entered a clerk's default against Defendant for failure to answer or otherwise plead to the Summons and Complaint. (DE 12). Pursuant to FED. R. CIV. P. 55(b)(2), Plaintiff moved for an order of final default judgment shortly thereafter. (DE 14). In its Motion, Plaintiff seeks judgment on the Instrument signed by Defendant on May 31, 2006 for the outstanding balance of $195,802.03. (DE 1-1).
In order to give Defendant every opportunity to make an appearance in this case before the issuance of a Final Judgment, on October 5, 2011 this Court issued an Order to Show Cause (DE 15) why Plaintiff's Motion for Final Default Judgment should not be granted. Defendant was notified that he had until October 24, 2011 to show good cause for his prior failures to formally respond. (Id.).That date has now long lapsed, and Defendant has yet to lodge any appearance whatsoever in this matter.
II. LEGAL STANDARD
"When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by [the Federal Rules of Civil Procedure] and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default." FED. R. CIV. P. 55(a). The effect of a clerk's default is that all of Plaintiff's well-pleaded allegations are deemed admitted. See Buchanan v. Bowman, 820 F.2d 359, 361 (11th Cir. 1987); Petmed Express, Inc. v. Medpots.com , 336F. Supp.2dl213,1217 (S.D. Fla. 2004). If the admitted facts are sufficient to establish liability, then the Court must ascertain the appropriate amount of damages and enter final judgment in that amount. Nishimatsu Constr. Co., Ltd. v. Houston Nat'l Bank, 515 F.2d 1200,1206 (5th Cir. 1975). Where all the essential evidence to determine damages is on the paper record, an evidentiary hearing on damages is not required. See SEC v. Smyth, 420 F.3d 1225,1232 n.13 (11th Cir. 2005) ("Rule 55(b)(2) speaks of evidentiary hearings in a permissive tone. . . . We have held that no such hearing is required where all essential evidence is already of record.") (citations omitted).
III. ANALYSIS
Having carefully reviewed the record in this matter, including the pleadings submitted by Plaintiff and the Clerk's Default, and being otherwise advised in the premises, I conclude that Defendant Joel Ramsden is liable to Suntrust for failure to make scheduled installment payments. No evidentiary hearing shall be necessary to determine the appropriate amount of damages as Plaintiff's damages are readily ascertainable from its documentary submissions.
IV. CONCLUSION
Accordingly, it is hereby
ORDERED AND ADJUDGED Plaintiff's Motion for Default Judgment (DE 14) is GRANTED.
DONE AND ORDERED in Chambers at West Palm Beach, Florida, this 7 day of November, 2011.
DONALD M. MIDDLEBROOKS
UNITED STATES DISTRICT JUDGE
cc: Counsel of Record;
Joel Ramsden, pro se