DEBORAH K. CHASANOW, District Judge.
Presently pending and ready for review are two motions for default judgment filed by Plaintiff, the United States of America. (ECF Nos. 45, 47). The relevant issues are briefed, and the court now rules pursuant to Local Rule 105.6, no hearing being deemed necessary. For the reasons that follow, the Government's motions will be granted in part and denied in part.
The Government filed its complaint on October 20, 2010, against Defendants Christopher T. Nazarian as Personal Representative of the Estate of Sarkis K. Nazarian, Hermine H. Nazarian, Citibank F.S.B., and Joan C. Doll. (ECF No. 1).
According to the Government, these claims arise from Decedent's and Doll's violations of 26 U.S.C. § 6672(a). (Id. ¶¶ 13, 35).
When Decedent — and then his estate — as well as Doll had failed to pay these penalties as of October 2010, the Government brought the present action against Defendants. Hermine Nazarian and Citibank thereafter answered the complaint. (ECF Nos. 8, 14).
The Government moved for entry of default against Doll on May 18, 2011, and against Decedent's estate on May 24, 2011. (ECF Nos. 27, 31). The clerk entered default against Doll and Decedent's estate "for want of answer or other defense" on May 19, and June 14, 2011, respectively. (ECF Nos. 29, 33). On July 12, 2011, the Government moved for judgment by default against Doll and Decedent's estate as to the counts that seek to reduce the tax assessments against them to judgment. (ECF Nos. 36, 37). The court denied these motions without prejudice to renewal on October 27, 2011. (ECF Nos. 43, 44). The Government subsequently renewed both motions. (ECF Nos. 45, 47).
Hermine Nazarian, Citibank, and the Government filed stipulations of dismissal with the court shortly thereafter, stating that they had agreed to dismiss counts two and three of the complaint with prejudice. (ECF Nos. 48, 49). On March 8, 2012, the court approved the stipulations and dismissed these counts from the complaint. (ECF No. 50). Thus, the only remaining counts are those against Decedent's estate and Doll to reduce the trust fund recovery penalties to judgment.
Pursuant to Rule 55(b)(2), where a default has been previously entered and the complaint does not specify a certain amount of damages, the court may enter a default judgment upon the plaintiff's application and, if the defaulting party has appeared, notice to that party. A defendant's default, however, does not automatically entitle the plaintiff to entry of a default judgment; rather, that decision is left to the discretion of the court. See Dow v. Jones, 232 F.Supp.2d 491, 494 (D.Md. 2002). The United States Court of Appeals for the Fourth Circuit has a "strong policy" that "cases be decided on their merits," id. (citing United States v. Shaffer Equip. Co., 11 F.3d 450, 453 (4
Here, eighteen months have passed since Decedent's estate was served with the complaint, with more than a year elapsing since the court ordered the estate to retain counsel and file a proper answer — which it never did. Similarly, more than a year has passed since the Government served Doll by publication, and Doll has neither pled nor asserted a defense in response. As the "adversary process has been halted because of [these] essentially unresponsive part[ies]," id., default judgment will be warranted against Decedent's estate and Doll if the Government can establish liability and resulting damages.
The Fourth Circuit has previously held that the Government makes a prima facie case of tax liability when it submits certified copies of the certificates of tax assessment to the court. United States v. Pomponio, 635 F.2d 293, 296 (4
With the liability of Decedent's estate and Doll established, the analysis now turns to the issue of relief. The Government has requested damages as follows: (1) judgments of $462,397.56 and $463,986.45 for Decedent's and Doll's outstanding tax liabilities as of November 28, 2011, and January 9, 2012, respectively; (2) interest accruing on the tax liabilities since those dates; and (3) costs. On default judgment, unlike with allegations regarding liability, allegations regarding damages are not taken as true, Lawbaugh, 359 F.Supp.2d at 421, and the Government bears the burden of establishing entitlement to recovery, Greyhound Exhibitgroup, Inc. v. E.L.U.L. Realty Corp., 973 F.2d 155, 158 (2
In support of the requests for default judgment as to the outstanding tax liabilities, the Government has submitted declarations from Suzanne Fawley, an Internal Revenue Service advisor, along with the tax transcripts for Decedent and Doll as of November 28, 2011, and January 9, 2012, respectively. In her declarations, Ms. Fawley states that the unpaid balances of Decedent's and Doll's tax liabilities were $462,397.56 and $463,986.45, respectively, as of those dates. (ECF Nos. 45-1, 47-1).
The Government's separate request for costs, however, must be denied. In its motions, the Government asks that the default judgments against Decedent's estate and Doll include an award for "costs that have accrued and will continue to accrue." (ECF No. 45-6, at 1; ECF No. 47, at 1). It neither specifies the amount of costs it seeks nor proffers any explanation or support for these requests. In the absence of "documentary evidence," Adkins, 180 F.Supp.2d at 17 (citing United Artists Corp., 605 F.2d at 857), the record does not support the Government's requests and, accordingly, they cannot be granted.
For the foregoing reasons, the Government's motions for default judgment will be granted in part and denied in part. A separate Order will follow.
Section 6672(a) provides as follows: