United States District Court, E.D. California
PHILLIP A. TALBERT United States Attorney KURT A. DIDIER,
Assistant United States Attorney, Attorneys for Plaintiff
United States of America
DEFENDANT PATRICIA A. SIMMONS: PATRICIA A. SIMMONS An
APPROVED AS TO FORM AND CONTENT: WILLIAM J. CAMPBELL, JR.,
ESQ. Attorney for Defendant
SETTLEMENT AGREEMENT; AND ORDER APPROVING
L. NUNLEY, UNITED STATES DISTRICT JUDGE
parties, by their authorized representatives, hereby agree to
resolve the allegations contained in the United States'
complaint for student loan default (ECF No. 1) against
defendant Patricia A. Simmons, Esq., as set forth below. The
Parties submit this settlement agreement for the Court's
review and approval.
Defendant resides in and maintains a law practice within this
August 6, 2003, Defendant executed a Promissory Note to
secure a Federal Direct Consolidation loan from the U.S.
Department of Education (the ED). Defendant's total loan
amount was $106, 423.65 at 8.25% interest per annum. The ED
disbursed the loan proceeds for Defendant's benefit on
August 29, 2003.
Defendant defaulted on the loan on November 25, 2010.
Pursuant to 34 C.F.R. § 685.202(b), a total of $56,
389.84 in unpaid interest was capitalized and added to the
Although the United States demanded payment for the unpaid
loan, Defendant failed to repay the defaulted loan amount
when and as due. The ED has credited Defendant a total of $7,
302.92 in payments from all sources, including Treasury
Department offsets, towards her loan balance. As of June 15,
2017, Defendant owes the United States $256, 850.10,
representing $162, 164.23 in unpaid principal and $94, 685.87
in interest. Interest continues to accrue on the principal
sum at a daily rate of $36.63.
Pursuant to the Promissory Note, the United States is
entitled to recover attorney fees and costs to compensate it
for its litigation fees and expenses.
Defendant admits the complaint's allegations.