United States v. Greer

CourtDistrict Court, District of Columbia
DecidedSeptember 30, 2020
DocketCivil Action No. 2018-2497
StatusPublished

This text of United States v. Greer (United States v. Greer) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Greer, (D.D.C. 2020).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) No. 18-cv-2497 (KBJ) ) DOUGLAS F. GREER, ) ) Defendant. ) )

MEMORANDUM OPINION ADOPTING REPORT & RECOMMENDATION OF THE MAGISTRATE JUDGE

Defendant Douglas Greer allegedly failed to pay the federal income taxes that he

owed for the 2007 tax year. (See Compl., ECF No. 1, ¶ 6.) Plaintiff, the United States of

America, filed the instant action against Greer on October 29, 2018, seeking to collect the

overdue tax liabilities (see id. at 1), which at that time amounted to $487,473.61 in income

taxes, statutory interest, and other penalties (see id. ¶ 6). Because Greer did not timely

file an answer to the complaint, the United States moved for default judgment on May 9,

2019 (see Gov’t Mot. for Default J., ECF No. 10), seeking a judgment in the amount of

$512,521.19, which represented Greer’s updated tax liability taking into account accruing

statutory interests and penalties (see id. at 1). The Court referred this matter to a

Magistrate Judge for a Report and Recommendation (“R&R”) on the government’s motion.

(See Min. Order of May 13, 2019.)

Before this Court at present is the R&R that the assigned Magistrate Judge, Robin

M. Meriweather, has filed regarding the government’s motion for default judgment. (See Report and Recommendation, ECF No. 13.) 1 The R&R reflects Magistrate Judge

Meriweather’s opinion that the government’s motion should be granted, because Greer “is

in default and the factual allegations in the complaint are legally sufficient to state a

claim[.]” (See id. at 6 (internal quotation marks and citation omitted)). The R&R also

recommends that judgment in favor of the United States be entered in the amount of

$512,521.19, plus interest accrued between June 8, 2019, and the date of payment. (See

id. at 8.)

After concluding that the requirements of Federal Rule of Civil Procedure 55(b)(1)

were not initially satisfied due to the government’s failure to provide submissions that cite

the relevant statutory provisions to calculate Greer’s total tax liability (see id. at 4–5),

Magistrate Judge Meriweather finds that the United States has nonetheless demonstrated

that default judgment is warranted pursuant to Rule 55(b)(2). (See id. at 6–7.) As a

threshold matter, Magistrate Judge Meriweather explains that the Clerk of Court “properly

entered default against Mr. Greer because he failed to answer the Complaint or participate

in this litigation in any manner” and, accordingly, “the allegations in the Complaint are

deemed admitted.” (Id. at 6.) Moreover, according to the Magistrate Judge, the complaint

“allege[d] sufficient facts to establish the United States’ claims against Mr. Greer [,]” and

thus “the United States is entitled to default judgment as to liability.” (Id. (citing Compl.

¶¶ 5–10 (alleging that Greer owed, but failed to pay, federal income taxes for the 2007 tax

year)).)

Next, Magistrate Judge Meriweather notes that, under Rule 55(b)(2), the Court must

“make an independent determination of the sum to be awarded unless the amount of

damages sought is certain” (id. (internal quotation marks and citation omitted)), and, here,

1 The Report and Recommendation, which is 8 pages long, is attached hereto as Appendix A.

2 the liability amount is “certain” because: (1) “the prospective interest can be calculated by

using the formula codified in 26 U.S.C. § 6621” (id. at 7); (2) the government’s affidavit

“provides sufficient evidence to corroborate the [amount[ claimed for unpaid taxes,

interest, and penalties accrued” (id.); and (3) “Greer’s tax records, which itemize the taxes

owed and statutory penalties and interest, further support the United States’ claim ” (id.).

In addition to articulating these conclusions, Magistrate Judge Meriweather’s R&R

also advised the parties that either one of them may file written objections to the R&R’s

findings and recommendations (id. at 8), and it further admonished the parties that failure

to file timely objections might result in waiver of further review of the matters addressed

therein (id.). Under this Court’s local rules, any party who objects to an R&R filed by a

Magistrate Judge must file a written objection with the Clerk of the Court within 14 days

of the party’s receipt of the R&R. See LCvR 72.3(b). The due date for objections to the

Magistrate Judge’s R&R in the instant case has passed, and none have been filed.

This Court has reviewed the R&R, and agrees with its legal analysis and

conclusions. Therefore, the Court will ADOPT the R&R in its entirety. Accordingly,

Plaintiff’s Motion for Default Judgment will be GRANTED, and a judgment of default in

the amount of $512,521.19 plus any interest accrued between June 8, 2019, and the date of

payment will be entered in Plaintiff’s favor.

A separate Order accompanies this Memorandum Opinion.

DATE: September 30, 2020 Ketanji Brown Jackson KETANJI BROWN JACKSON United States District Judge

3 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

) UNITED STATES OF AMERICA, ) ) v. ) Civil No. 18-02497 (KBJ) ) DOUGLAS F. GREER, ) ) Defendant. ) )

REPORT AND RECOMMENDATION

This case arises from Defendant Douglas Greer’s alleged failure to pay federal income

taxes owed for the 2007 tax year. See Compl., ECF No. 1. Plaintiff, the United States of

America, has moved for default judgment against Mr. Greer, and that motion is currently

pending before the Court. Mr. Greer has neither timely filed an answer to the United States’

Complaint nor responded to the Motion for Default Judgment. See 04/22/2019 Min. Entry.

Indeed, he has wholly failed to participate in these proceedings. Having reviewed the relevant

pleadings and applicable law, the undersigned recommends that the Court GRANT the United

States’ Motion for Default Judgment, enter judgment in favor of the United States, and award the

United States $512,521.19, plus interest accrued between June 8, 2019 and the date of payment.

BACKGROUND 1

On October 28, 2018, the United States filed a Complaint against Douglas Greer for

failing to pay federal income taxes owed for the 2007 tax year. See Compl. ¶ 10, ECF No. 1.

When the United States filed its Complaint, Mr. Greer owed $487,473.61 which included taxes

1 The Court presumes the truth of the Complaint’s allegations, because Mr. Greer is in default. See Robinson v. Ergo Solutions, LLC, 4 F. Supp. 3d 171, 178 (D.D.C. 2014). owed, statutory interest, and other penalties. Id. ¶ 6 & n.1. The United States alleged that

statutory additions had accrued on the unpaid balance and would continue to accrue. Id. ¶ 8.

The United States has since clarified that the “statutory additions” accruing after June 8, 2019

consist of interest calculated pursuant to 26 U.S.C. § 6601. See Supp. U.S.’s Mot. Default. J.,

ECF No. 12. That “interest rate is calculated and readjusts pursuant to 26 U.S.C. § 6621” and

“penalties [were assessed] pursuant to 26 U.S.C.

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