Opinion
Case Number: 08-10921.
October 21, 2008
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
Before the Court is the government's motion for summary judgment, filed June 19, 2008. The Court held a motion hearing on October 10, 2008. The government was represented at the hearing, but, despite having received notice of the hearing, Defendant did not appear.
This case involves four student loan guaranteed under Title IV-B of the Higher Education Act of 1965, 20 U.S.C. § 1071, et seq, and reinsured by the United States Department of Education, which were issued to Defendant between 1989 and 1991. The government established, through documentary evidence, that Defendant applied and obtained the student loans, defaulted on the student loans and that the government is the current owner of the promissory notes. Moreover, the government refuted, again with documentary evidence, the affirmative defenses Defendant asserted. Defendant did not present any evidence in opposition to the government's motion for summary judgment. Because Defendant has not set forth specific facts showing that there is a genuine issue of fact for trial, summary judgment is appropriate.
Therefore, the Court GRANTS the government's motion for summary judgment.
SO ORDERED.