Opinion
NO: 1:18-CV-3242-RMP
07-20-2020
KEYBANK NATIONAL ASSOCIATION, an Ohio corporation, Plaintiff, v. SIERRA PETROLEUM, INC, a Washington corporation; and DUSTIN R. RAMSEY, a Washington resident, Defendants.
ORDER GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
BEFORE THE COURT is Plaintiff's Motion for Default Judgment, ECF No. 10. On May 14, 2020, the Court issued an Order holding the instant Motion in abeyance. ECF No. 11. The Court concluded that, while default judgment is appropriate, Plaintiffs had not provided sufficient documentation to support the damages alleged in their verified complaint. In response, Plaintiffs provided documentation to support their alleged damages, as well as their request for attorney's fees and costs. The Court has reviewed the supporting documentation and is fully informed.
The Court already has discussed the merits of Plaintiff's Motion for Default Judgment and found that entering default judgment is appropriate here. See ECF No. 11. Upon review of Plaintiff's supplemental documentation, the Court finds that Plaintiff has established that Defendants Sierra Petroleum, Inc. and Dustin R. Ramsey are in arrears to Plaintiff in the amount of $298,698.46. This figure consists of the $250,000 principal loan amount, $45,325.34 in interest, and $3,373.12 in late charges and annual administration fees which have accrued over 1,371 days. See ECF No. 12-1 at 2.
Pursuant to Federal Rule of Civil Procedure 54(c), "A default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings." Fed. R. Civ. P. 54(c). The Court acknowledges that the amount Plaintiff seeks is greater than the amount listed in the complaint, which was $268,185.60. However, because the complaint requested "accruing interest and fees," in addition to the specific amount listed, the Court finds that the judgment amount requested by Plaintiff does not violate Rule 54(c). See Merrifield v. Miner's Inn Restaurant & Lounge, 2006 WL 4285241, at *3 (E.D. Cal. Sept. 25, 2006) ("It has been held that where a type of damages is requested in the complaint in an amount to be proved, but the amount is not specified, recovery in excess of an amount stated is permitted.") (citing Henry v. Sneiders, 490 F.2d 315, 317 n.2 (9th Cir. 1974)).
Plaintiff's complaint also requests reasonable attorney's fees and costs. ECF No. 1 at 6. Plaintiff's attorney has submitted a declaration, supporting $1,645.00 in costs and $2,543.00 in attorney's fees. ECF No. 12. Reasonable attorney's fees generally are determined by the "lodestar" calculation method in which the Court first determines a reasonable fee by multiplying the "the number of hours reasonably expended on the litigation" by "a reasonable hourly rate," Hensely v. Eckerhart, 461 U.S. 424, 433 (1983), and, second, determines whether the lodestar amount should be adjusted by any extenuating factor contemplated in Kerr v. Screen Extras Guild, Inc., 526 F.2d 67, 70 (9th Cir. 1975).
Plaintiff's request for attorney's fees seeks the lodestar amount for the attorney and paralegals that worked on this case. The Court finds that the hourly rates are reasonable in light of the many fee requests this Court has reviewed. However, the Court will not allow Plaintiff to collect attorney's fees for hours spent responding to the Court's Order to provide supplemental documentation. This documentation should have been submitted with the Motion for Default Judgment. Accordingly, the Court awards $2,201.00 in attorney's fees.
Finally, Plaintiff's requested legal expenses and costs also are specified in counsel's declaration and appear consistent with necessary expenses to secure relief for Plaintiff in this action. See ECF No. 12.
Accordingly, IT IS HEREBY ORDERED:
1. For the reasons stated in the Court's Order at ECF No. 11, Plaintiff's
Motion for Default Judgment, ECF No. 10, is GRANTED.
2. Default judgment shall be entered against Defendants in the amount of $302,544.46. As outlined in this Order, this total amount includes the principal loan amount, interest and fees on the loan, attorneys' fees, and costs. Defendants are jointly and severally liable.
3. Post-judgment interest shall be allowed as provided in 28 U.S.C. § 1961.
IT IS SO ORDERED. The District Court Clerk is directed to enter this Order, provide copies to counsel, and close this case.
DATED July 20, 2020.
s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge