CAROL BAGLEY AMON, District Judge.
On March 17, 2014, the United States of America initiated this action against defendant Roman Milgram seeking to recover amounts due on a government-insured student loan. Milgram answered and asserted certain affirmative defenses on April 29, 2014. The United States moved for summary judgment on October 31, 2014 and Magistrate Judge Cheryl L. Pollak recommended that this Court grant the motion as unopposed. For the reasons below, the Court grants the government's motion but after independently considering its claims.
On December 9, 1991, Milgram, then a dental student at New York University, applied for and was granted a Health Education Assistance Loan in the amount of $20,000.00 pursuant to a promissory note. (Pl. R. 56.1 ¶¶ 12-13.) Key Bank of Maine, a private lender, issued the loan subject to a federal guarantee. (
Following his graduation and a period of forbearance, Milgram made 10 payments on that loan totaling $8,564.10. (
As a result of his default, Sallie Mae filed an insurance claim with the Department of Health and Human Services ("HHS") related to Milgram's loan. (
On December 5, 2013, HHS issued a Certificate of Indebtedness related to Milgram's loan signed by Barry M. Blum, the Chief of the Referral Control Section of the Debt Management Branch. (
Currently pending before the Court is the government's motion for summary judgment. Despite receiving a copy of that motion, Milgram offered no opposition nor did he request an extension of time to do so. This Court referred that motion to Magistrate Judge Cheryl L. Pollak for report and recommendation.
By Report and Recommendation ("R&R") dated January 14, 2015, Magistrate Judge Pollak recommended that this Court grant the government's motion due to Milgram's failure to oppose it. (DE# 36 at 2.)
When deciding whether to adopt a report and recommendation, a district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C). To accept those portions of the R&R to which no timely objection has been made, "a district court need only satisfy itself that there is no clear error on the face of the record."
Here, no party has raised an objection to the R&R and the Court therefore reviews it only for clear error.
Under Rule 56 of the Federal Rules of Civil Procedure, a court "shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). But once the movant has met that burden, the opposing party "may not rest upon mere allegation or denials of his pleading, but must set forth specific facts showing that there is a genuine issue for trial."
"In an action on a promissory note, summary judgment is appropriate if there is no material question concerning execution and default of the note."
The government submitted a promissory note signed by Milgram and a Certificate of Indebtedness in support of its motion. (
Milgram offers no opposition to the summary judgment motion and, after reviewing the record, the Court concludes there is no genuine factual dispute here. Although Milgram purports to raise certain affirmative defenses in his answer, he provides no facts in support of those defenses nor does he actually assert them at the summary judgment stage. Even providing the liberal reading due to
As of November 1, 2013, the principal balance on the loan was $41,259.83. (Iannarone Exs. A(1).) Interest on that principal accrues at an annual rate of 3.125% and is compounded annually. Therefore, Milgram currently owes $42,771.42 in principal and $695.77 in accrued interest on that loan for a total debt of $43,467.19.
For the reasons stated above, the Court grants summary judgment after independently considering the government's claims on the merits. The Clerk of Court is respectfully directed to enter Judgment in favor of the United States in the amount of $43,467.19, terminate all pending motions and close the case.
SO ORDERED.