United States District Court, W.D. Washington, Seattle
ORDER GRANTING THE GOVERNMENT'S MOTION FOR
C. COUGHENOUR UNITED STATES DISTRICT JUDGE.
matter comes before the Court on the Government's motion
for default judgment (Dkt. No. 18). Having thoroughly
considered the parties' briefing and the relevant record,
the Court finds oral argument unnecessary and hereby GRANTS
the motion for the reasons explained herein.
Clerk entered an order of default against Defendants Blair
Allen McHenry, Barbara McLeod, and Susan Kane-Ronning on
November 8, 2016. (Dkt. No. 16.) On February 14, 2017, the
Government brought this motion for default judgment. (Dkt.
No. 18.) Defendants did not respond to the motion.
the default judgment stage, the court presumes all
well-pleaded factual allegations related to liability are
true.” Curtis v. Illumination Arts,
Inc., 33 F.Supp.3d 1200, 1211 (W.D. Wash. 2014);
see also TeleVideo Sys., Inc. v.
Heidenthal, 826 F.2d 915, 917-18 (9th Cir. 1987).
However, factual allegations relating to the amount of
damages are not taken as true. Curtis, 33 F.Supp.3d
at 1211. A “plaintiff is required to prove all damages
sought in the complaint, and the court must ensure that the
amount of damages is reasonable and demonstrated by the
Government alleges that Defendant McHenry's indebtedness
to the Farm Service Agency (FSA) arose out of a series of
promissory notes executed on April 7, 2006. (Dkt. Nos. 1 at
2-5, 1-1, 1-2, 1-3, 1-4, 1-5, 1-7, 1-9, 1-11, 1-13, 1-15,
1-16, 1-17, 1-19, 1-20, 1-21.) The notes were secured by
mortgages on real property identified in the complaint. (Dkt.
No. 1 at 2.) The Government further alleges that Defendant
McHenry owed $387, 998.94 as of January 27, 2016, with
interest accruing at the daily rate of $26.81. (Dkt. No. 18 at
3.) Finally, the Government alleges Defendant McHenry
defaulted by (1) being delinquent in payment of his
indebtedness, and (2) failing to pay his real estate taxes.
(Dkt. No. 1 at 7.) The Government supports the amount of
damages claimed with a declaration from FSA Farm Loan
Specialist Houston Bruck. (Dkt. No. 19 at 2.)
these allegations as true, the Court finds that they are
sufficient to establish liability. The Court further finds
that Mr. Bruck's declaration and the terms of the
promissory notes attached to the complaint support the
Government's damage calculations.
the Government's motion for default judgment (Dkt. No.
18) is GRANTED. The Court AWARDS the following relief to the
the United States has and recovers judgment in its favor
against Defendant Blair Allen McHenry, in the sum of $387,
998.94, ($371, 734.51 principal, $16, 264.43 interest accrued
through January 27, 2017), plus interest accrued in the
amount of $26.81 daily from January 27, 2017 to the date of
judgment; plus interest from the date of judgment at the rate
set forth in 28 U.S.C. § 1961, and filing fees allowed
pursuant to 28 U.S.C. § 2412(a)(2). The Court also
GRANTS the Government's request for reasonable attorney
fees plus court costs, the costs and expenses of this action
presently, and the costs and expenses that will be incurred
in the future for advertising, selling, and conveying the
property. The Government is ORDERED to provide specific and
detailed documentation of its hours and expenses incurred
after the sale of the property.
the foregoing real estate mortgages and security agreements
cover the following described property (the Real Property)
situated in Whatcom County, Washington as follows:
A tract of land situated in the Southwest quarter of the
Northeast quarter and in the Northwest quarter of the
Southeast quarter of Section 5, Township 39 North, Range 2
East of W.M., more particularly described as follows:
Beginning at a quarter stake on the South line of Section 5,
Township 39 North, Range 2 East of W.M.; thence North 3126
feet on the quarter line to a point 439 feet North of the
center of said Section, which is the point of true beginning;
thence South 480 feet on the quarter line to a point 41 feet
South of the center of said Section; thence Easterly South
89°30' East along the line of the 25 Year Old Fence a
distance of 900 feet; thence North parallel to the West line
of said quarter Section a distance of 500 feet; thence
Westerly to the point of beginning. Except the North 230 feet
Except Enterprise Road
Situated in Whatcom County, Washington.
the real property mortgages attached to the complaint, (Dkt.
Nos. 1-6, 1-8, 1-10, 1-12, 1-14, 1-18, 1-22, 1-23, 1-24), are
hereby foreclosed and the property is hereby ORDERED to be
sold pursuant to the provision of 28 U.S.C. § 2001,
et. seq., with the proceeds of the property sale
applied first to the costs and expenses of making the sale
and secondly, to the payment of the sums due to the United
States on ...