Opinion
Civil No. 13-cv-2100 (RMB/AMD)
10-24-2013
IRA MALLORY, Plaintiff, v. OXFORD LAW, LLC, Defendant.
[Docket No. 7]
ORDER
THIS MATTER having come before the Court upon Plaintiff's motion for entry of default judgment pursuant to Federal Rule of Civil Procedure 55(b) and a related request for attorney's fees and costs pursuant to the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §1692 et seq.; and
IT APPEARING TO THE COURT that Defendant, Oxford Law, LLC, has failed to appear or otherwise plead or defend in the above-captioned matter; and
IT FURTHER APPEARING TO THE COURT that the Clerk of the Court entered Default against Defendant on July 10, 2013; and
IT FURTHER APPEARING TO THE COURT that Plaintiff states that he is entitled to statutory damages of $1,000.00 together with an award of attorney's fees and costs in the amount of $8772.50; and
THE COURT NOTING that Federal Rule of Civil Procedure 55(b)(2) authorizes the Court to enter a default judgment against a properly served defendant who fails to file a timely responsive pleading; and
THE COURT FURTHER NOTING that, in evaluating a motion for a default judgment, a court must consider three factors: 1) whether a plaintiff will be prejudiced if default is not granted, 2) whether defendant has a litigable defense, and 3) whether defendant's delay is the result of culpable misconduct. Chamberlain v. Giampapa, 210 F.3d 154, 164 (3d Cir. 2000).
THE COURT FURTHER NOTING that pursuant to 15 U.S.C. § 1692k, "Courts may award damages not to exceed $1,000.00 in cases filed by individuals regardless of whether the individuals suffered any actual damages." Wong v. American Credit and Collections, LLC, No. 11-4428, 2012 U.S. Dist. LEXIS 168446, at *12 (D.N.J. Nov. 28, 2012); and
THE COURT FURTHER NOTING that the quantum of statutory damages involves consideration of factors including, inter alia, the frequency of noncompliance, the nature of noncompliance and the extent to which noncompliance was intentional. 15 U.S.C. §1692k; and
THE COURT FURTHER NOTING that the most useful starting point for determining a reasonable attorney's fee award "is the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate." Hensley v. Eckerhart, 461 U.S. 424, 433 (1983); and
THE COURT FINDING that Plaintiff has stated a viable cause of action under the FDCPA; and
THE COURT FURTHER FINDING that Plaintiff would be prejudiced if default judgment is not entered; that it is impossible to determine whether Defendant has as meritorious defense because it has not answered; and that "a Defendant is presumed culpable where it has failed to answer, move or otherwise respond." Wong, 2012 U.S. Dist. LEXIS at *11 (internal citations omitted); and
THE COURT FURTHER FINDING that, at this time, the Court lacks sufficient facts to find whether an award of statutory damages in the amount of $1000.00 is warranted in light of Plaintiff's allegations. Moreover, the cases cited by Plaintiff appear to contain circumstances more egregious than those alleged in the instant matter; and
THE COURT FURTHER FINDING that Plaintiff has properly substantiated its request for $425.00 in costs; and
THE COURT FURTHER FINDING that while Plaintiff's counsel has submitted a very detailed declaration in support of the request for attorney's fees, it is unclear, considering counsel's extensive experience in this area, including previously written briefs in support of similar default judgment requests, [Docket No. 7-2 at ¶34], compared to the relatively uncomplicated task at hand, how the number of hours preparing the default judgment papers and supporting declaration reach the 11 hour mark;
IT IS HEREBY ORDERED that Plaintiff's motion for entry of default judgment is GRANTED in part, and DENIED in part without prejudice as to the amount of a statutory damages award and attorney's fees; and
IT IS FURTHER ORDERED that costs are awarded to Plaintiff in the requested amount of $425.00; and
IT IS FURTHER ORDERED that if Plaintiff submits the requisite evidentiary support, the Court will amend its Order to award the amounts requested, including attorney's fees.
_____________
RENÉE MARIE BUMB
United States District Judge