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UNITED STATES v. ROBINSON

August 2, 1994

UNITED STATES OF AMERICA, Plaintiff,
v.
KEVIN B. ROBINSON, M.D., Defendant.



The opinion of the court was delivered by: CHARLES RONALD NORGLE, SR.

 CHARLES R. NORGLE, SR., District Judge:

 Before the court is the motion of defendant Kevin B. Robinson ("Robinson") to vacate a default judgment in the amount of $ 532,228.98 plus interest and costs. For the following reasons, the motion is denied.

 FACTS1

 Robinson's behavior adds another dimension to health care in America and the depletion of scarce governmental resources. While Robinson attended Meharry Medical College, he applied for a government scholarship to pay his tuition. He was successful in his application and received scholarship awards from July 1, 1980, through June 30, 1984. In exchange for the scholarship awards, Robinson agreed to serve as a Commissioned Officer in the Public Health Service or as a civilian member of the National Health Service Corps ("NHSC") upon completion of his medical training for a period of four years.

 Following his graduation from medical school, Robinson was granted a deferment of his service obligation until July 1, 1988, so that he may complete a residency in the field of internal medicine and pediatrics. When July 1, 1988, approached, however, Robinson balked and declined to accept his service assignment. Subsequently, plaintiff United States of America ("Government") notified Robinson that he was in breach of his NHSC agreement and requested repayment of the scholarship award. Robinson ignored these notifications and requests.

 As a result of Robinson's repudiation, the Government filed a complaint on March 18, 1994, to recover $ 171,498.30 in principal and $ 360,730.68 in interest as of March 22, 1994. On April 13, 1994, the Government personally served Robinson with the summons and a copy of the complaint. Robinson filed an appearance through his counsel on May 11, 1994, but failed to timely answer or otherwise plead to the complaint. On June 3, 1994, the Government filed, and the court granted, a motion for default judgment in the amount of $ 532,228.98 plus interest at the rate of $ 7.55 per day from March 22, 1994 to the date of judgment, with interest accruing after the date of judgment at the legal post-judgment rate. Robinson did not object to the motion or file any pleading seeking an extension of time to respond to the complaint.

 Twenty-seven days later, Robinson filed the instant motion to vacate the court's June 3, 1994 order. The motion states as follows:

 MOTION

 
Now comes the Defendant, Kevin B. Robinson, M.D., by Martin J. Rubin, his attorney and moves this Honorable Court to vacate the default Judgment in the amount of $ 532,228.98 plus interest and costs heretofore entered by this Court on June 3, 1994 by Minute Order and entered on the docket by the Clerk on June 6, 1994, and in support of said Motion is the Affidavit of Martin J. Rubin.

 (Def.'s Mot. at 1.) Attached to the motion is an affidavit of Martin J. Rubin ("Rubin"). The relevant portion of Rubin's affidavit states the following:

 
5. The Defendant is ready and willing to serve and has completed the necessary paperwork and the undersigned has delivered same to the United States Attorney representing the government for delivery to the Default Branch, Division of Scholarships and Loan Repayments, Bureau of Health Care in Rockville, Maryland, and upon completion of Defendant's application, will place Defendant in the Public Health Service or in the National Health Service Corps to complete his service obligation.
 
6. That upon the Defendant completing his service obligation, he will have complied with the requirements of law and not be obligated for the repayment of any sums to Plaintiff as evidenced by the judgment heretofore entered.
 
7. That this affidavit is given for the purposes of having this Court vacate the Default Judgment heretofore entered against Defendant and to enter an Order consistent with Defendant ...

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