United States of America v. Myer, No. 2:2008cv05146 - Document 30 (E.D. La. 2009)
Court Description: ORDER AND REASONS granting 15 Motion for Summary Judgment. Signed by Judge A. J. McNamara on 11/19/2009. (caa, )
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United States of America v. Myer Doc. 30 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA UNITED STATES OF AMERICA * CIVIL ACTION VERSUS * NO: 08-5146 MICHELLE L. MYER * SECTION: "D"(5) ORDER AND REASONS Before the court is the “Motion for Summary Judgment” (Doc. No. 15) filed by Plaintiff, the United States of America. Defendant, Michelle L. Myer, filed a memorandum in opposition. The motion, set for hearing on Wednesday, November 18, 2009, is before the court on the Government’s brief, without oral argument. Having considered the Government’s memorandum (and attached summary judgment evidence), the record, and the applicable law, the court finds that there is no genuine issue of material fact that Defendant Myer has defaulted on certain promissory notes she executed in connection with her student loans from the Department of Education, and thus the Government is entitled to judgment as a matter of law. In her Affidavit attached to her opposition, Defendant Myers Dockets.Justia.com states in part that: 1) she made several payments in the last twenty (20) years towards her student loans and 13 promissory notes associated with these loans that she is not being given credit for in the [Government’s] complaint and/or amended complaint. (See Myer Affidavit attached to Opposition Memorandum,. Doc. No. 25). Defendant, however, cannot defeat summary judgment with this self-serving Affidavit. She simply cannot demonstrate the existence of a genuine issue of material fact by asserting “some metaphysical doubt as to the material facts, by conclusory allegations, by unsubstantiated assertions, or only by a scintilla of evidence.” Cir. 1994). Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th In the absence of any competent summary judgment evidence (whether cancelled checks, prior statements of account balance, or otherwise), the court cannot assume that Defendant Myer could or would prove necessary facts to show that the Government has made an error in the calculation of her debt. Defendant Myer has also made an insufficient showing as to why the court should grant her additional time to obtain proof of payment. Accordingly; IT IS ORDERED that the “Motion for Summary Judgment” (Doc. No. 15) filed by Plaintiff, the United States of America, be and is 2 hereby GRANTED, entitling the United States to Judgment against Defendant Myer for: 1. the amount of $19,353.29, plus interest accruing on the principal amount of $9,121.29 at the daily rate of $2.00 from August 31, 2009 to date of judgment, and interest from date of judgment until paid in full at the Treasury bill rate, 28 U.S.C. §1961; 2. the amount of $20,443.54, plus interest accruing on the principal amount of $8,957.64 at the rate of 10.00% per year or the daily rate of $2.45 from August 31, 2009 to date of judgment, and interest from date of judgment until paid in full at the Treasury bill rate, 28 U.S.C. §1961; 3. the amount of $15,730.06, plus interest accruing on the principal amount of %7,900.12 at the daily rate of $1.73 from August 31, 2009 to date of judgment, and interest from date of judgment until paid in full at the Treasury bill rate, 28 U.S.C. §1961; 4. the amount of $20,960.92, plus interest accruing on the principal amount of $11,107.52 at the rate of 3.73% per year or the daily rate of $1.13 from August 31, 2009 to date of judgment, and interest from date of judgment until paid in full at the Treasury bill rate, 28 U.S.C. 3 §1961; 5. the amount of $28,602.06, plus interest accruing on the principal amount of $15,800.26 at the rate of 3.28% per year or the daily rate of $1.42 from August 31, 2009 to date of judgment, and interest from date of judgment until paid in full at the Treasury bill rate, 28 U.S.C. §1961; and 6. the amount of $25,913.40, plus interest accruing on the principal amount of $13,866.81 at the rate of 3.58% per year or the daily rate of $1.36 from August 31, 2009 to date of judgment, and interest from date of judgment until paid in full at the Treasury bill rate, 28 U.S.C. §1961. New Orleans, Louisiana, this 19th day of November, 2009. ______________________________ A.J. McNAMARA UNITED STATES DISTRICT JUDGE 4
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