United States v. Craighead, 176 F. App'x 922 (10th Cir. 2006). · Go Syfert
United States v. Craighead, 176 F. App'x 922 (10th Cir. 2006). Cases Citing This Book View Copy Cite
140 citation events (140 in the last 25 years) across 9 distinct courts.
Strongest positive: Ethereal Rejuvenation Clinic, PLLC v. Sentient Lasers, LLC (cod, 2025-08-21)
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Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Ethereal Rejuvenation Clinic, PLLC v. Sentient Lasers, LLC
D. Colo. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
the defendant, by his default, admits the plaintiff's well-pleaded allegations of fact, is concluded on those facts by the judgment, and is barred from contesting on appeal the facts thus established.
examined Cited as authority (verbatim quote) Daigle v. Turnco Enterprises, LLC (2×) also: Cited "see"
D.N.M. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the defendant, by his default, admits the plaintiff's well-pleaded allegations of fact, is concluded on those facts by the judgment, and is barred from contesting on appeal the facts thus established.
examined Cited as authority (verbatim quote) Goode v. Ramsaur (2×) also: Cited as authority (rule)
D. Colo. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
the defendant, by his default, admits the plaintiff's well-pleaded allegations of fact, is concluded on those facts by the judgment, and is barred from contesting on appeal the facts thus established.
examined Cited as authority (verbatim quote) State Farm Life Insurance Company v. Obe (2×) also: Cited as authority (rule)
W.D. Okla. · 2024 · quote attribution · 1 verbatim quote · confidence high
the defendant, by his default, admits the plaintiff's well-pleaded allegations of fact, is concluded on those facts by the judgment, and is barred from contesting on appeal the facts thus established.
examined Cited as authority (verbatim quote) Hobby Lobby Stores Inc v. US Consulting Group (2×) also: Cited as authority (rule)
W.D. Okla. · 2024 · quote attribution · 1 verbatim quote · confidence high
the defendant, by his default, admits the plaintiff's well-pleaded allegations of fact, is concluded on those facts by the judgment, and is barred from contesting on appeal the facts thus established.
examined Cited as authority (verbatim quote) Jim Cooper Construction Company Inc v. C Ford Electric LLC (2×) also: Cited as authority (rule)
W.D. Okla. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the defendant, by his default, admits the plaintiff's well-pleaded allegations of fact, is concluded on those facts by the judgment, and is barred from contesting on appeal the facts thus established.
examined Cited as authority (verbatim quote) BMO Harris Banks N.A. v. B T Auto Transport LLC (2×) also: Cited as authority (rule)
W.D. Okla. · 2023 · quote attribution · 1 verbatim quote · confidence high
the defendant, by his default, admits the plaintiff's well-pleaded allegations of fact, is concluded on those facts by the judgment, and is barred from contesting on appeal the facts thus established.
examined Cited as authority (verbatim quote) Snider v. Premium Resolution Services, LLC
N.D. Okla. · 2022 · quote attribution · 1 verbatim quote · confidence high
the defendant, by his default, admits the plaintiff's well-pleaded allegations of fact, is concluded on those facts by the judgment, and is barred from contesting on appeal the facts thus established.
examined Cited as authority (verbatim quote) Tint World, LLC v. Mirror Image Glass & Auto Detailing, LLC (2×) also: Cited "see"
D.N.M. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
the defendant by his default, admits the plaintiff's well- pleaded allegations of fact, is concluded on those facts by the judgment, and is barred from contesting on appeal the facts thus established.
examined Cited as authority (verbatim quote) G&G Closed Circuit Events LLC v. Montelongo
W.D. Okla. · 2022 · quote attribution · 1 verbatim quote · confidence high
the defendant, by his default, admits the plaintiff's well-pleaded allegations of fact, is concluded on those facts by the judgment, and is barred from contesting on appeal the facts thus established.
examined Cited as authority (verbatim quote) Farm Credit Services of America PCA v. Westcott (2×) also: Cited as authority (rule)
W.D. Okla. · 2021 · quote attribution · 1 verbatim quote · confidence high
the defendant, by his default, admits the plaintiff's well-pleaded allegations of fact, is concluded on those facts by the judgment, and is barred from contesting on appeal the facts thus established.
cited Cited as authority (rule) Louis D. Nichamin v. Ryan Horchen, and H&H Performance, Inc, a Pennsylvania corporation
D. Colo. · 2026 · confidence medium
United States v. Craighead, 176 F. App’x 922, 924 (10th Cir. 2006).
discussed Cited as authority (rule) Allstate Vehicle and Property Insurance Company v. Jami Kellogg
N.D. Okla. · 2026 · confidence medium
See Tripodi v. Welch, 810 F.3d 761, 765 (10th Cir. 2016) (noting that after default is entered, “a defendant admits to a complaint's well-pleaded facts and forfeits his or her ability to contest those facts”) (internal quotation marks and citation omitted); United States v. Craighead, 176 F. App’x 922, 924 (10th Cir. 2006)1 (“The defendant, by his 1 Unpublished appellate opinions are not precedential but are cited for persuasive value.
discussed Cited as authority (rule) FBN Finance, LLC v. Curry County Farming, Inc., et al.
D.N.M. · 2025 · confidence medium
“If defendant does not contest the amount prayed for in the complaint” by failing to answer, and the “claim is for a sum certain or a sum that can be made certain by computation, the judgment generally will be entered for that amount without any further hearing.” United States v. Craighead, 176 Fed.
discussed Cited as authority (rule) Wilmington Savings Fund Society, FSB, as Owner Trustee of the Residential Credit Opportunities Trust VII-B v. Dawn S. Lucero, Betty Lou Lucero, in her individual capacity and as personal representative of the Estate of Jason F. Lucero, Antonio R. Lucero, Dominique S. Lucero, Augustine F. Lucero, American Services Industries, LLC d/b/a A-1 Sewer and Drain, and the Unknown Heirs, Legatees and Devisees of Jason F. Lucero
D.N.M. · 2025 · confidence medium
“Rule 55 . . . does not require that the district court receive evidence on the claimed damages amount before entering a default judgment; rather, the Rule simply allows the district court to conduct a hearing if it believes that additional investigation or evidence is necessary.” Marcus Food Co. v. DiPanfilo, 671 F.3d 1159, 1172 (10th Cir. 2011). “[O]nce the facts regarding … liability on the notes were taken as true, all the court was required to do was calculate the amounts owed on the promissory notes and the interest.” United States v. Craighead, 176 F. App'x 922, 925 (10th Cir.…
discussed Cited as authority (rule) Barnett v. ESA Enterprise Staffing Agency, LLC
N.D. Okla. · 2025 · confidence medium
See Tripodi v. Welch, 810 F.3d 761, 765 (10th Cir. 2016) (noting that after default is entered, “a defendant admits to a complaint's well-pleaded facts and forfeits his or her ability to contest those facts”) (internal quotation marks and citation omitted); United States v. Craighead, 176 F. App’x 922, 924 (10th Cir. 2006)1 (“The defendant, by his default, admits the plaintiff's well-pleaded allegations of fact, is concluded on those facts 1 Unpublished appellate opinions are not precedential but are cited for persuasive value.
cited Cited as authority (rule) Country Mutual Insurance Company v. Holen
D. Colo. · 2025 · confidence medium
United States v. Craighead, 176 F. App’x 922, 924 (10th Cir. 2006).
discussed Cited as authority (rule) Clear Spring Property and Casualty Company v. Rock Founded LLC
W.D. Okla. · 2025 · confidence medium
Legal Standard Under Rule 55(a) of the Federal Rules of Civil Procedure, “[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party’s default.” The default concedes the truth of the allegations in the complaint.4 Entry of default by the Clerk under Rule 55(a) must precede grant of a default judgment under Rule 55(b).5 While an entry of default concedes the truth of the allegations in the complaint, “it remains for the court to consider whether the u…
cited Cited as authority (rule) Sensoria, LLC v. Kaweske
D. Colo. · 2025 · confidence medium
United States v. Craighead, 176 F. App’x 922, 924 (10th Cir. 2006).
discussed Cited as authority (rule) Growtech Industries LLC v. Mary Mechanix LLP (2×) also: Cited "see, e.g."
W.D. Okla. · 2025 · confidence medium
Thus, with respect to liability, a defendant’s default does no more than concede the complaint’s factual allegations; it remains the plaintiff’s burden to demonstrate that those uncontroverted allegations, without more, establish the defendant’s liability on each asserted cause of action.”). “‘If [a] defendant does not contest the amount prayed for in the complaint [by failing to answer] and the claim is for a sum certain or a sum that can be made certain by computation, the judgment generally will be entered for that amount without any further hearing.’” Craighead, 176 F. Ap…
discussed Cited as authority (rule) Biton v. Jackson
W.D. Okla. · 2025 · confidence medium
“If [a] defendant does not contest the amount prayed for in the complaint [by failing to answer] and the claim is for a sum certain or a sum that can be made certain by computation, the judgment generally will be entered for that amount without any further hearing.” United States v. Craighead, 176 F. App’x 922, 925 (10th Cir. 2006) (internal quotation marks and citations omitted); Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir. 1985) (“[A] court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical ca…
discussed Cited as authority (rule) Biton v. Jackson
W.D. Okla. · 2024 · confidence medium
“If [a] defendant does not contest the amount prayed for in the complaint [by failing to answer] and the claim is for a sum certain or a sum that can be made certain by computation, the judgment generally will be entered for that amount without any further hearing.” United States v. Craighead, 176 F. App’x 922, 925 (10th Cir. 2006) (internal quotation marks and citations omitted); Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir. 1985) (“[A] court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical ca…
discussed Cited as authority (rule) United States v. Bradshaw
W.D. Okla. · 2024 · confidence medium
See Tripodi v. Welch, 810 F.3d 761, 764 (10th Cir. 2016) (explaining that after default is entered, “a defendant admits to a complaint’s well-pleaded facts and forfeits his or her ability to contest those facts”); United States v. Craighead, 176 F. App’x 922, 924 (10th Cir. 2006) (unpublished) (“The defendant, by his default, admits the plaintiff’s well-pleaded allegations of fact, is concluded on those facts by the judgment, and is barred from contesting on appeal the facts thus established.”) (unpublished) (quoting Nishimatsu Constr.
discussed Cited as authority (rule) Kabana, Inc. v. DFC Services Corp.
S.D. Fla. · 2024 · confidence medium
“While a default judgment constitutes an admission of liability, the quantum of damages remains to be established by proof unless the amount is liquidated or susceptible of mathematical computation.” United States v. Craighead, 176 F. App’x 922, 925 (10th Cir. 2006).
discussed Cited as authority (rule) United States Aviation Co. v. Star Jets International, LLC
N.D. Okla. · 2024 · confidence medium
See Tripodi v. Welch, 810 F.3d 761, 764-65 (10th Cir. 2016) (noting that after default is entered, “a defendant admits to a complaint’s well-pleaded facts and forfeits his or her ability to contest those facts”) (internal quotation marks and citation omitted); United States v. Craighead, 176 F. App’x 922, 924 (10th Cir. 2006)1 (“The defendant, by his default, admits the plaintiff’s well-pleaded allegations of fact, is concluded on those facts by the judgment, and is barred from contesting on appeal the facts thus established.”) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) LPL Financial LLC v. McElroy (2×) also: Cited "see, e.g."
W.D. Okla. · 2024 · confidence medium
Plaintiff must establish that the amount requested is reasonable under the circumstances.” (internal quotation marks and citations omitted). “‘If [a] defendant does not contest the amount prayed for in the complaint [by failing to answer] and the claim is for a sum certain or a sum that can be made certain by computation, the judgment generally will be entered for that amount without any further hearing.’” Craighead, 176 F. App’x at 925 (citations omitted) (second alteration in Craighead); Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir. 1985) (“[A] court may enter …
discussed Cited as authority (rule) Industrial Developers of Oklahoma, LLC v. AeroVanti Aviation, LLC
N.D. Okla. · 2024 · confidence medium
See Tripodi v. Welch, 810 F.3d 761, 765 (10th Cir. 2016) (noting that after default is entered, “a defendant admits to a complaint's well-pleaded facts and forfeits his or her ability to contest those facts”) (internal quotation marks and citation omitted); United States v. Craighead, 176 F. App’x 922, 924 (10th Cir. 2006)1 (“The defendant, by his 1 Unpublished appellate opinions are not precedential but are cited for persuasive value.
discussed Cited as authority (rule) United States Aviation Co. v. Star Jets International, LLC
N.D. Okla. · 2024 · confidence medium
See Tripodi v. Welch, 810 F.3d 761, 765 (10th Cir. 2016) (noting that after default is entered, “a defendant admits to a complaint's well-pleaded facts and forfeits his or her ability to contest those facts”) (internal quotation marks and citation omitted); United States v. Craighead, 176 F. App’x 922, 924 (10th Cir. 2006)1 (“The defendant, by his default, admits the plaintiff's well-pleaded allegations of fact, is concluded on those facts by the 1 Unpublished appellate opinions are not precedential but are cited for persuasive value.
discussed Cited as authority (rule) Hajoca Corporation v. R&R Plumbing, LLC
N.D. Okla. · 2024 · confidence medium
See Tripodi v. Welch, 810 F.3d 761, 765 (10th Cir. 2016) (noting that after default is entered, “a defendant admits to a complaint's well-pleaded facts and forfeits his or her ability to contest those facts”) (internal quotation marks and citation omitted); United States v. Craighead, 176 F. App’x 922, 924 (10th Cir. 2006)1 (“The defendant, by his default, admits the plaintiff's well-pleaded allegations of fact, is concluded on those facts by the judgment, and is barred from contesting on appeal the facts thus established.”) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) Allstate Vehicle and Property Insurance Company v. Meredith
E.D. Okla. · 2024 · confidence medium
See Tripodi v. Welch, 810 F.3d 761, 765 (10th Cir. 2016) (noting that after default is entered, “a defendant admits to a complaint's well-pleaded facts and forfeits his or her ability to contest those facts”) (internal quotation marks and citation omitted); United States v. Craighead, 176 F. App’x 922, 924 (10th Cir. 2006)1 (“The defendant, by his default, admits the plaintiff's well-pleaded allegations of fact, is concluded on those facts by the judgment, and is barred from contesting on appeal the facts thus established.”) (internal quotation marks and citation omitted). 1 Unpublis…
discussed Cited as authority (rule) Jeunesse Global Holdings v. Berry
D. Utah · 2023 · confidence medium
Group, 559 F.2d 557 , 560 (9th Cir. 1977); see also Boland v. Elite Terrazzo Flooring, Inc.,763 F. Supp. 2nd 64, 68 (D.D.C. 2011) (“As a result of the entry of default, the court construes all well-pleaded allegations in the complaint as admitted.”); United States v. Craighead, 176 F. App’x 922, 924 (10th Cir. 2006) (unpublished) (“The defendant, by his default, admits the plaintiff’s well-pleaded allegations of fact, is concluded on those facts by the judgment, and is barred from contesting on appeal the facts thus established.”) (internal quotation and citation omitted).
discussed Cited as authority (rule) Lashinsky v. Edwards, Jr.
Bankr. D.N.M. · 2023 · confidence medium
The time for Defendant to respond has expired, whether the deadline was 7 days (per Rule 55(b)(2))10 or 21 days (per New Mexico Local Bankruptcy Rule 7007-1).11 “Upon a motion for default judgment, a district court accepts as true all well-pled allegations in a complaint, except those related to proving damages.” Anaya, 326 F.R.D. at 693, citing United States v. Craighead, 176 F. App’x 922, 924 (10th Cir. 2006) (unpublished)); see also United Financial Cas.
discussed Cited as authority (rule) Lashinsky v. Benavidez
Bankr. D.N.M. · 2023 · confidence medium
The time for Defendant to respond expired before his death on May 1, 2023, whether the deadline was 7 days (per Rule 55(b)(2)7 or 21 days (New Mexico Local Bankruptcy Rule 7007-1).8 “Upon a motion for default judgment, a district court accepts as true all well-pled allegations in a complaint, except those related to proving damages.” Anaya, 326 F.R.D. at 693, citing United States v. Craighead, 176 F. App’x 922, 924 (10th Cir. 2006) (unpublished)); see also United Financial Cas.
discussed Cited as authority (rule) Gospel Ministries International, Inc. v. Premier Property Sales, LTD
D.N.M. · 2023 · confidence medium
United States v. Craighead, 176 F. App’x 922, 924-25 (10th Cir. 2006); Two Old Hippies, LLC v. Catch the Bus, LLC, 277 F.R.D. 448, 461 (D.N.M. 2011) (“[D]efaults are treated as admissions of the facts alleged, but a plaintiff may still be required to prove that he or she is entitled to the damages sought”) (internal citations omitted).
discussed Cited as authority (rule) Maaco Franchisor SPV LLC v. S&J Auto1 LCC (2×)
D.N.M. · 2022 · confidence medium
P. 8(b)(6); United States v. Craighead, 176 Fed.
discussed Cited as authority (rule) Bowman v. Friedman (2×) also: Cited "see"
D.N.M. · 2022 · confidence medium
Servs., Inc., 316 F. App’x 744 (10th Cir. 2009), and United States v. $285,350.00 in U.S. Currency, 547 F. App’x 886 (10th Cir. 2013), have persuasive value with respect to a material issue, and will assist the Court in its disposition of this Memorandum Opinion and Order. entered for that amount without any further hearing.” United States v. Craighead, 176 F. App’x at 925 (alteration in original)(quoting 10A Charles Alan Wright, Arthur R.
cited Cited as authority (rule) Ace Oilfield Rentals LLC v. Western Dakota and Fabrication LLC
W.D. Okla. · 2022 · confidence medium
Tripodi v. Welch, 810 F.3d 761, 765 (10th Cir. 2016); United States v. Craighead, 176 Fed.
cited Cited as authority (rule) Securities and Exchange Commission v. Coddington
D. Colo. · 2020 · confidence medium
U.S. v. Craighead, 176 Fed.
cited Cited as authority (rule) Securities and Exchange Commission v. Coddington
D. Colo. · 2020 · confidence medium
U.S. v. Craighead, 176 Fed.
discussed Cited as authority (rule) Hartwig v. OnPointe
D.N.M. · 2020 · confidence medium
Nevertheless, if “the claim is for a sum certain or a sum that can be made certain by computation, the judgment generally will be entered for that amount without any further hearing.” Lucero v. Board of Directors of Jemez Mountains Cooperative, Inc., 2020 WL 5110733 , at *13 (D.N.M.) (quoting United States v. Craighead, 176 Fed.
cited Cited as authority (rule) American Hallmark Insurance Company of Texas v. Aguirre
D.N.M. · 2020 · confidence medium
United States v. Craighead, 176 F. App’x 922, 924 (10th Cir. 2005).
cited Cited as authority (rule) Yarger v. Fresh Farms, LLC
D. Kan. · 2020 · confidence medium
Sept. 15, 2012) (quoting United States v. Craighead, 176 F. App’x 922, 925 (10th Cir. 2006)). 47 Id. (quoting Credit Lyonnais Secs.
cited Cited as authority (rule) Ultegra Financial Partners, Inc. v. Marzolf
D. Colo. · 2020 · confidence medium
U.S. v. Craighead, 176 Fed.Appx. 922, 924 (10th Cir. 2006).
cited Cited as authority (rule) Securities and Exchange Commission v. End of the Rainbow Partners, L.L.C., The
D. Colo. · 2020 · confidence medium
U.S. v. Craighead, 176 Fed.Appx. 922, 924 (10th Cir. 2006).
discussed Cited as authority (rule) Martinez v. CitiMortgage, Inc. (2×) also: Cited "see"
D.N.M. · 2018 · confidence medium
"If defendant does not contest the amount prayed for in the complaint [by failing to answer] and the claim is for a sum certain or a sum that can be made certain by computation, the judgment generally will be entered for that amount without any further hearing." United States v. Craighead , 176 F. App'x at 925 (alteration in original)(quoting 10A Wright & Miller, Federal Practice & Procedure § 2688 (3d ed. 1998) ).
cited Cited as authority (rule) CrossFit, Inc. v. Jenkins
D. Colo. · 2014 · confidence medium
United States v. Craighead, 176 Fed.Appx. 922, 924 (10th Cir.2006).
discussed Cited as authority (rule) Two Old Hippies, LLC v. Catch the Bus, LLC (2×) also: Cited "see"
D.N.M. · 2011 · confidence medium
Co. v. Houston Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir.1975); see also Olcott v. Delaware Flood Co., 327 F.3d 1115, 1125 (10th Cir.2003) (quoting Jackson v. FIE Corp., 302 F.3d 515, 525 (5th Cir.2002), for the same proposition); Lundahl v. Zimmer, 296 F.3d 936, 939 (10th Cir.2002) (quoting Buchanan v. Bowman, 820 F.2d 359, 361 (11th Cir.1987), for the same proposition). 176 Fed.Appx. at 924-25 (emphasis added).
examined Cited as authority (rule) Obenauf v. Frontier Financial Group, Inc. (4×) also: Cited "see"
D.N.M. · 2011 · confidence medium
Co. v. Houston Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir.1975); see also Olcott v. Delaware Flood Co., 327 F.3d 1115, 1125 (10th Cir.2003) (quoting Jackson v. FIE Corp., 302 F.3d 515, 525 (5th Cir.2002), for the same proposition); Lundahl v. Zimmer, 296 F.3d 936, 939 (10th Cir.2002) (quoting Buchanan v. Bowman, 820 F.2d 359, 361 (11th Cir.1987), for the same proposition). 176 Fed.Appx. at 924-25 (emphasis added).
examined Cited as authority (rule) ADVANCED OPTICS ELECTRONICS, INC. v. Robins (8×) also: Cited "see"
D.N.M. · 2010 · confidence medium
Co. v. Houston Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir.1975); See also Olcott v. Delaware Flood Co., 327 F.3d 1115, 1125 (10th Cir.2003) (quoting Jackson v. FIE Corp., 302 F.3d 515, 525 (5th Cir.2002), for the same proposition); Lundahl v. Zimmer, 296 F.3d 936, 939 (10th Cir.2002) (quoting Buchanan v. Bowman, 820 F.2d 359, 361 (11th Cir.1987), for the same proposition). 176 Fed.Appx. at 924-25 (emphasis added).
discussed Cited "see" United Guards of America Local 100 v. Boutchantharaj Corporation (2×)
W.D. Okla. · 2025 · signal: see · confidence high
See United States v. Craighead, 176 F. App'x 922, 925 (10th Cir. 2006) (“If defendant does not contest the amount prayed for in the complaint by failing to answer and the claim is for a sum certain or a sum that can be made certain by computation, the judgment generally will be entered for that amount without any further hearing.” United States v. Craighead, 176 F. App'x 922, 925 (10th Cir. 2006) (quotation and brackets omitted).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Alvin D. CRAIGHEAD, Defendant-Appellant, and Leah Craighead; American National Bank of Woodward; Jewell Implement Company, Inc.; Ji Case Company; Woodward County Treasurer; Woodward County Board of County Commissioners; Wayne Richard Gunwall, as Trustee of Blue Sage Trust, Defendants
05-6227.
Court of Appeals for the Tenth Circuit.
Apr 12, 2006.
176 F. App'x 922
Ronny D. Pyle, Asst. U.S. Attorney, Kay Sewell, Asst. U.S. Attorney, Office of the United States Attorney, Oklahoma City, OK, for Plaintiff-Appellee., Alvin D. Craighead, Mutual, OK, pro se.
Kelly, Briscoe, Lucero.
Cited by 85 opinions  |  Unpublished

ORDER AND JUDGMENT *

PAUL J. KELLY, JR., Circuit Judge.

Appellant, Alvin D. Craighead, appeals the district court’s denial of his Federal Rule of Civil Procedure 60(b)(4) motion seeking to vacate a default judgment entered against him on the grounds that it was void for lack of jurisdiction. We exercise our jurisdiction under 28 U.S.C. § 1291 and affirm.

On July 18, 1996, the United States filed a complaint against Mr. Craighead (1) alleging that he defaulted on certain promissory notes, and (2) seeking foreclosure and judicial sale of property securing the notes. Attached to the complaint were copies of the notes and security documents in question. On May 2, 1997, the district court, in light of Mr. Craighead’s failure to answer the complaint, took the factual allegations of the complaint as true and entered default judgment against Mr. Craig-head.

Five years later, in response to a motion by the United States for production of documents by a third party in aid of the judgment, Mr. Craighead moved for the default judgment to be vacated for lack of jurisdiction because “there were no facts before the court in support of the United[*924] States’ claims.” R., Doc. 97 at 5. Mr. Craighead argued that “proof of claim requires at least one competent fact witness testifying to documentary evidence properly authenticated” and that “the United States of America, in obtaining judgment in CIV-96-1150 [did not] proffer[] any authenticated evidence to which a competent fact witness testified to under oath....” Id. The district court denied Mr. Craighead’s motion and Mr. Craighead appealed.

On appeal, Mr. Craighead’s main argument is that the United States did not properly show that it had standing to bring the case because “[f]or the lower court to have had standing, counsel purporting to represent the United States would have had to produce the original promissory note or notes upon which the claim was based.” Aplt. Opening Br. at 5. He also argues that the failure to attach the original documents to the complaint showed that the security interests were not properly perfected. Mr. Craighead argues that:

the record contains only the theories and conclusions of counsel purporting to represent the United States—no notes and no authenticated documents. This being the case, this court has actual knowledge that no judicial proceeding took place as judicial proceedings must first examine the question of standing. Clearly, counsel purporting to represent the United States failed to establish standing (WHICH CANNOT BE WAIVED AND IS PERHAPS THE MOST IMPORTANT ELEMENT OF SUBJECT MATTER JURISDICTION) bearing on this court the nondiscretionary duty to vacate all the judgments as facially void.

Aplt. Opening Br. at 7-8.

Analysis

Under Rule 60(b)(4), a court may grant relief from a default judgment on the ground that the judgment was void. “A judgment is void ... if the court which rendered it lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process of law.” United States v. Buck, 281 F.3d 1336, 1344 (10th Cir.2002) (quotation omitted). “[Constitutional standing is necessary to the court’s jurisdiction.” Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1211 (10th Cir.2006) (quotation omitted).

Constitutional standing exists if the plaintiff: show[s] [that] (1) it has suffered an “injury in fact” that is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical; (2) the injury is fairly traceable to the challenged action of the defendant; and (3) it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.

Id. at 1210-11 (quotation omitted) (alterations in original).

The fatal flaw in Mr. Craighead’s argument is that it rests on the faulty premise that the district court could not enter default judgment unless the government proved the factual allegations contained in its complaint. On the contrary, Mr. Craighead relieved the government of the burden of proving its factual allegations, including the allegations supporting constitutional standing, by failing to answer the complaint. “The defendant, by his default, admits the plaintiffs well-pleaded allegations of fact, is concluded on those facts by the judgment, and is barred from contesting on appeal the facts thus established.” Nishimatsu Constr. Co. v. Houston Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir.1975); see also Olcott v. Delaware Flood Co., 327 F.3d 1115, 1125 (10th Cir.2003) (quoting Jackson v. FIE Corp., 302 F.3d 515, 525[*925] (5th Cir.2002), for the same proposition); Lundahl v. Zimmer, 296 F.3d 936, 939 (10th Cir.2002) (quoting Buchanan v. Bowman, 820 F.2d 359, 361 (11th Cir. 1987), for the same proposition).

In Nishimatsu Construction Co., the Fifth Circuit relied partly on the Supreme Court’s holding in Thomson v. Wooster, 114 U.S. 104, 5 S.Ct. 788, 29 L.Ed. 105 (1885). 515 F.2d at 1206. As stated in a different case, this time out of the Second Circuit:

The applicable principles are clearly implied from Thomson v. Wooster ... where the court held that defendants who had defaulted in a patent infringement suit would not be permitted to show that the patent sued upon was invalid. Defendants had sought to introduce the original patent to show it differed from a reissued patent, which was the patent the plaintiffs sought to enforce. The court ruled that neither this proof nor evidence that defendants had delayed 14 years in seeking reissue were sufficient to defeat the contrary allegation of the validity of the patent contained in the complaintf.... ] We are instructed by Wooster that so long as the facts as painted by the complaint “might * * * have been the case” they may not now be successfully controverted ____

Trans World Airlines, Inc. v. Hughes, 449 F.2d 51, 64 (2d Cir.1971) (quoting Thomson, 114 U.S. at 114, 5 S.Ct. 788) (overruled on other grounds by Hughes Tool Co. v. Trans World Airlines, Inc., 409 U.S. 363, 93 S.Ct. 647, 34 L.Ed.2d 577 (1973)). In short, the time has passed for Mr. Craighead to claim that the facts were other than those alleged in the complaint.

Mr. Craighead argues in his reply brief that “[e]ven in a default judgment, damages must be proved.” Aplt. Reply Br. at 5. As support for his argument he cites to American Red Cross v. Community Blood Center Of The Ozarks, 257 F.3d 859 (8th Cir.2001). In that case the Eighth Circuit held that “when a default judgment is entered on a claim for an indefinite or uncertain amount of damages, facts alleged in the complaint are taken as true, except facts relating to the amount of damages, which must be proven in a supplemental hearing or proceeding.” Id. at 864 (quotation omitted). The government, however, is correct in its concise and well-reasoned brief, where it notes that the claim for damages in this case was not indefinite or uncertain. Instead, once the facts regarding Mr. Craighead’s liability on the notes were taken as true, all the court was required to do was calculate the amounts owed on the promissory notes and the interest. “ ‘If defendant does not contest the amount prayed for in the complaint [by failing to answer] and the claim is for a sum certain or a sum that can be made certain by computation, the judgment generally will be entered for that amount without any further hearing.’ ” Resp. Br. at 13 (quoting 10A Charles A. Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 2688 (3d ed.1998)).

Mr. Craighead’s remaining arguments on appeal are premised on Mr. Craighead’s misconception that the district court granted summary judgment against him and not default judgment. He argues that “the court below butchered the summary judgment standard.” Aplt. Opening Br. at 8. As summary judgment is not an issue in this case, and as his remaining arguments are rife with personal attacks on government counsel and the district court judge, they neither require nor will receive further attention.

[*926] Consequently, the judgment of the district court is AFFIRMED.

*

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.