Fidelity National Title Insurance Company, Inc. v. M & R Title, Inc. et al

Filing 212

MEMORANDUM AND ORDER granting 189 Motion for Default Judgment. Entering Judgment in favor of Fidelity National Title Insurance Company, Inc., and against Defendant Ernest Acquah in the total amount of $50,757.96, which amount consists of atto rneys fees and costs; Granting 190 Motion for Default Judgment. Entering Judgment in favor of Fidelity National Title Insurance Company, Inc., and against Defendant Celous Raines in the total amount of $14,000.93, which amount consists of att orneys fees and costs; granting 191 Motion for Default Judgment. Entering Judgment in favor of Fidelity National Title Insurance Company, Inc. and against Defendant Morris Green in the total amount of $4,305.00, which amount consists o f attorneys fees and costs; granting in part and denying in part 192 Motion for Default Judgment. Entering Judgment Judgment shall be entered in favor of Fidelity National Title Insurance Company, Inc., and against Defendant Trademark Group, LLC, in the total amount of$5,789.39, which amount consists of attorneys fees and costs; granting 193 Motion for Default Judgment. Entering Judgment in favor of Fidelity National Title Insurance Company,Inc., and against Defendants Donahue Mack and D&A General Services, LLC,both jointly and severally, in the total amount of $14,289.87, which amount consists of attorneys fees and costs; granting 194 Motion for Default Judgment. Entering Judgment in favor of Fidelity National Title Insurance Company,Inc., and against Defendant Willie E. Chase in the total amount of $15,984.11, which amount consists of attorneys fees and costs; granting 195 Motion for Default Judgment. Entering Judgment in favor of Fidelity National T itle Insurance Company,Inc., and against Defendant King Group LLC in the total amount of $28,900.41, which amount consists of attorneys fees and costs; granting 196 Motion for Default Judgment. Entering Judgment in favor of Fidelity Nation al Title Insurance Company, Inc., and against Defendant Jeffrey King in the total amount of $40,717.73, which amount consists of attorneys fees and costs; granting 197 Motion for Default Judgment. Entering Judgment in favor of Fidelity Nat ional Title Insurance Company, Inc., and against Defendant M & R Title, Inc., in the total amount of $579,478.33, which amount consists of attorneys fees and costs; granting 198 Motion for Default Judgment. Entering Judgment in favor of F idelity National Title Insurance Company, Inc., and against Defendant Marla Messenger in the total amount of $279,092.50, which amount consists of attorneys fees and costs; granting 199 Motion for Default Judgment. Entering Judgment in favo r of Fidelity National Title Insurance Company, Inc., and against Defendants Rhonda Scott and AJ&A Investment Group Nevada, LLC, both jointly and severally, in the total amount of $22,520.95, which amount consists of attorneys fees and costs; g ranting 200 Motion for Default Judgment. Entering Judgment in favor of Fidelity National Title Insurance Company, Inc., and against Defendant John Messenger in the total amount of $297,092.50, which amount consists of attorneys fees and co sts; granting 201 Motion for Default Judgment. Entering Judgment in favor of Fidelity National Title Insurance Company, Inc., and against Defendant Shuna Boodram II, in the total amount of $3,511.86, which amount consists of attorneys fees and costs. Unless Plaintiff files motions for default judgment with respect to Delores Fuller, Erica Epps, Faustin & Associates, LLC, G. Corey Faustin, and Vikki Ross by March 11, 2016, the case against these defendants will be dismissed without further notice. Signed by Judge Paul W. Grimm on 2/11/2016 (cags, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
Southern Division
FIDELITY NATIONAL TITLE
INSURANCE COMPANY, INC.,

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Plaintiff,

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v.

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M & R TITLE, INC., et al.,

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Defendant.
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Civil Case No. PWG-12-148

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MEMORANDUM OPINION AND ORDER
Plaintiff Fidelity National Title Insurance Company, Inc. (“Fidelity”) filed thirteen
motions for default judgment against sixteen defendants.1 Each motion is addressed below.
Plaintiff filed a motion for default judgment against Rhonda Scott and AJ&A Investment
Group Nevada, LLC.

ECF No. 199.

Having reviewed Plaintiff’s memorandum and the

affidavits and exhibits attached thereto, and pursuant to Fed. R. Civ. P. 55(b), I find that (1) this
action is brought against Rhonda Scott for intentional misrepresentation/fraud, negligent
misrepresentation, aiding and abetting the tortious conduct of other defendants, and participating
in the conspiracy to engage in such conduct and commit fraudulent acts, to recover attorneys’
fees and costs; (2) this action is also brought against AJ&A Investment Group Nevada, LLC for
aiding and abetting the tortious conduct of other defendants, and participating in the conspiracy
to engage in such conduct and commit fraudulent acts, to recover attorneys’ fees and costs; (3)
Defendants were properly served with the Complaint on August 21, 2012, ECF Nos. 33 & 34;
(4) Defendants’ responses to the Complaint were due to be filed on or before September 11,

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Fidelity brought three of its motions for default judgment against two defendants each.

2012, and the time within which Defendants could answer or otherwise defend has expired; (5)
Defendants did not answer or otherwise defend; (6) Defendants’ default was entered by the Clerk
of the Court on August 26, 2013, ECF No. 143; (7) Plaintiff established Defendants’ liability;
and (8) the amount of attorneys’ fees and costs that Plaintiff incurred, $22,520.95, is reasonable.
Plaintiff filed a motion for default judgment against Ceolus Raines. ECF No. 190.
Having reviewed Plaintiff’s memorandum and the affidavits and exhibits attached thereto, and
pursuant to Fed. R. Civ. P. 55(b), I find that (1) this action is brought for intentional
misrepresentation/fraud, negligent misrepresentation, aiding and abetting the tortious conduct of
other defendants, and participating in the conspiracy to engage in such conduct and commit
fraudulent acts, to recover attorneys’ fees and costs; (2) Defendant was properly served with the
Complaint on April 28, 2012, ECF No. 7; (3) Defendant’s responses to the Complaint were due
to be filed on or before May 21, 2012, and the time within which Defendant could answer or
otherwise defend has expired; (4) Defendant did not answer or otherwise defend; (5) Defendant’s
default was entered by the Clerk of the Court on May 19, 2015, ECF No. 188; (6) Plaintiff
established Defendant’s liability; and (7) the amount of attorneys’ fees and costs that Plaintiff
incurred, $14,000.93, is reasonable.
Plaintiff filed a motion for default judgment against Donahue Mack and D&A General
Services, LLC. ECF No. 193. Having reviewed Plaintiff’s memorandum and the affidavits and
exhibits attached thereto, and pursuant to Fed. R. Civ. P. 55(b), I find that (1) this action is
brought

against

Donahue

Mack

for

intentional

misrepresentation/fraud,

negligent

misrepresentation, aiding and abetting the tortious conduct of other defendants, and participating
in the conspiracy to engage in such conduct and commit fraudulent acts, to recover attorneys’
fees and costs; (2) this action is also brought against D&A General Services, LLC for intentional

2

misrepresentation/fraud, negligent misrepresentation, aiding and abetting the tortious conduct of
other defendants, and participating in the conspiracy to engage in such conduct and commit
fraudulent acts, to recover attorneys’ fees and costs; (3) Defendants were properly served with
the Complaint on September 4, 2012. ECF Nos. 37 & 38; (4) Defendants’ responses to the
Complaint were due to be filed on or before September 25, 2012, and the time within which
Defendants could answer or otherwise defend has expired; (5) Defendants did not answer or
otherwise defend; (6) Defendants’ default was entered by the Clerk of the Court on August 21,
2013, ECF No. 140; (7) Plaintiff established Defendants’ liability; and (8) the amount of
attorneys’ fees and costs that Plaintiff incurred, $14,289.87, is reasonable.
Plaintiff filed a motion for default judgment against Ernest Acquah.2 ECF No. 189.
Having reviewed Plaintiff’s memorandum and the affidavits and exhibits attached thereto, and
pursuant to Fed. R. Civ. P. 55(b), I find that (1) this action is brought for intentional
misrepresentation/fraud, negligent misrepresentation, aiding and abetting the tortious conduct of
other defendants, and participating in the conspiracy to engage in such conduct and commit
fraudulent acts, to recover attorneys’ fees and costs; (2) Defendant was properly served with the
Complaint on May 14, 2013, ECF No. 112; (3) Defendant’s responses to the Complaint were due
to be filed on or before June 5, 2013, and the time within which Defendant could answer or
otherwise defend has expired; (4) Defendant did not answer or otherwise defend; (5) Defendant’s
default was entered by the Clerk of the Court on January 21, 2015, ECF No. 183; (6) Plaintiff
established Defendant’s liability; and (7) the amount of attorneys’ fees and costs that Plaintiff
incurred, $50,757.96, is reasonable.

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In Plaintiff’s complaint, Mr. Acquah is identified as both Ernest Acquah and Colin
Acquah. See, e.g., Compl. ¶ 35 & 562, ECF No. 1. I will treat these individuals as the same.
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Plaintiff filed a motion for default judgment against Jeffrey King. ECF No. 196. Having
reviewed Plaintiff’s memorandum and the affidavits and exhibits attached thereto, and pursuant
to Fed. R. Civ. P. 55(b), I find that (1) this action is brought for intentional
misrepresentation/fraud, negligent misrepresentation, aiding and abetting the tortious conduct of
other defendants, and participating in the conspiracy to engage in such conduct and commit
fraudulent acts, to recover attorneys’ fees and costs; (2) Defendant was properly served with the
Complaint on April 28, 2012, ECF No. 6; (3) Defendant’s responses to the Complaint were due
to be filed on or before May 21, 2012, and the time within which Defendant could answer or
otherwise defend has expired; (4) Defendant did not answer or otherwise defend; (5) Defendant’s
default was entered by the Clerk of the Court on August 23, 2013, ECF No. 142; (6) Plaintiff
established Defendant’s liability; and (7) the amount of attorneys’ fees and costs that Plaintiff
incurred, $40,717.73, is reasonable.
Plaintiff filed a motion for default judgment against John Messenger. ECF No. 200.
Having reviewed Plaintiff’s memorandum and the affidavits and exhibits attached thereto, and
pursuant to Fed. R. Civ. P. 55(b), I find that (1) this action is brought for aiding and abetting the
tortious conduct of other defendants and participating in the conspiracy to engage in such
conduct and commit fraudulent acts, to recover attorneys’ fees and costs; (2) Defendant was
properly served with the Complaint on February 23, 2013, ECF No. 74; (3) Defendant’s
responses to the Complaint were due to be filed on or before March 16, 2013, and the time
within which Defendant could answer or otherwise defend has expired; (4) Defendant did not
answer or otherwise defend; (5) Defendant’s default was entered by the Clerk of the Court on
January 29, 2014, ECF No. 157; (6) Plaintiff established Defendant’s liability; and (7) the
amount of attorneys’ fees and costs that Plaintiff incurred, $297,092.50, is reasonable.

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Plaintiff filed a motion for default judgment against King Group LLC. ECF No. 195.
Having reviewed Plaintiff’s memorandum and the affidavits and exhibits attached thereto, and
pursuant to Fed. R. Civ. P. 55(b), I find that (1) this action is brought for intentional
misrepresentation/fraud, negligent misrepresentation, aiding and abetting the tortious conduct of
other defendants, and participating in the conspiracy to engage in such conduct and commit
fraudulent acts, to recover attorneys’ fees and costs; (2) Defendant was properly served with the
Complaint on April 28, 2012, ECF No. 9; (3) Defendant’s responses to the Complaint were due
to be filed on or before May 21, 2012, and the time within which Defendant could answer or
otherwise defend has expired; (4) Defendant did not answer or otherwise defend; (5) Defendant’s
default was entered by the Clerk of the Court on August 23, 2013, ECF No. 142; (6) Plaintiff
established Defendant’s liability; and (7) the amount of attorneys’ fees and costs that Plaintiff
incurred, $28,900.41, is reasonable.
Plaintiff filed a motion for default judgment against M & R Title, Inc. ECF No. 197.
Having reviewed Plaintiff’s memorandum and the affidavits and exhibits attached thereto, and
pursuant to Fed. R. Civ. P. 55(b), I find that (1) this action is brought for intentional
misrepresentation/fraud,

negligent

misrepresentation,

negligence,

breach

of

contract/indemnification, aiding and abetting the tortious conduct of other defendants, and
participating in the conspiracy to engage in such conduct and commit fraudulent acts, to recover
attorneys’ fees and costs; (2) Defendant was properly served with the Complaint on July 23,
2012, ECF No. 30; (3) Defendant’s responses to the Complaint were due to be filed on or before
August 13, 2012, and the time within which Defendant could answer or otherwise defend has
expired; (4) Defendant did not answer or otherwise defend; (5) Defendant’s default was entered
by the Clerk of the Court on August 23, 2013, ECF No. 142; (6) Plaintiff established

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Defendant’s liability; and (7) the amount of attorneys’ fees and costs that Plaintiff incurred,
$579,478.33, is reasonable.
Plaintiff filed a motion for default judgment against Marla Messenger. ECF No. 198.
Having reviewed Plaintiff’s memorandum and the affidavits and exhibits attached thereto, and
pursuant to Fed. R. Civ. P. 55(b), I find that (1) this action is brought for intentional
misrepresentation/fraud,

negligent

misrepresentation,

negligence,

breach

of

contract/indemnification, aiding and abetting the tortious conduct of other defendants, and
participating in the conspiracy to engage in such conduct and commit fraudulent acts, to recover
attorneys’ fees and costs; (2) Defendant was properly served with the Complaint on February 23,
2013, ECF No. 73; (3) Defendant’s responses to the Complaint were due to be filed on or before
March 16, 2013, and the time within which Defendant could answer or otherwise defend has
expired; (4) Defendant did not answer or otherwise defend; (5) Defendant’s default was entered
by the Clerk of the Court on August 26, 2013, ECF No. 143; (6) Plaintiff established
Defendant’s liability; and (7) the amount of attorneys’ fees and costs that Plaintiff incurred,
$279,092.50, is reasonable.
Plaintiff filed a motion for default judgment against Morris Green.

ECF No. 191.

Having reviewed Plaintiff’s memorandum and the affidavits and exhibits attached thereto, and
pursuant to Fed. R. Civ. P. 55(b), I find that (1) this action is brought for intentional
misrepresentation/fraud, negligent misrepresentation, aiding and abetting the tortious conduct of
other defendants, and participating in the conspiracy to engage in such conduct and commit
fraudulent acts, to recover attorneys’ fees and costs; (2) Defendant was properly served with the
Complaint on February 14, 2013, ECF No. 68; (3) Defendant’s responses to the Complaint were
due to be filed on or before March 7, 2013, and the time within which Defendant could answer or

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otherwise defend has expired; (4) Defendant did not answer or otherwise defend; (5) Defendant’s
default was entered by the Clerk of the Court on August 26, 2013, ECF No. 143; (6) Plaintiff
established Defendant’s liability; and (7) the amount of attorneys’ fees and costs that Plaintiff
incurred, $4,305.00, is reasonable.
Plaintiff filed a motion for default judgment against Shuna Boodram II. ECF No. 201.
Having reviewed Plaintiff’s memorandum and the affidavits and exhibits attached thereto, and
pursuant to Fed. R. Civ. P. 55(b), I find that (1) this action is brought for intentional
misrepresentation/fraud, negligent misrepresentation, aiding and abetting the tortious conduct of
other defendants, and participating in the conspiracy to engage in such conduct and commit
fraudulent acts, to recover attorneys’ fees and costs; (2) Defendant was properly served with the
Complaint on February 22, 2013, ECF No. 71; (3) Defendant’s responses to the Complaint were
due to be filed on or before March 15, 2013, and the time within which Defendant could answer
or otherwise defend has expired; (4) Defendant did not answer or otherwise defend; (5)
Defendant’s default was entered by the Clerk of the Court on August 26, 2013, ECF No. 144; (6)
Plaintiff established Defendant’s liability; and (7) the amount of attorneys’ fees and costs that
Plaintiff incurred, $3,511.86, is reasonable.
Plaintiff filed a motion for default judgment against Trademark Group, LLC and William
Levi Jones II.3 ECF No. 192. Having reviewed Plaintiff’s memorandum and the affidavits and
exhibits attached thereto, and pursuant to Fed. R. Civ. P. 55(b), I find that (1) this action is
brought for intentional misrepresentation/fraud, negligent misrepresentation, aiding and abetting
the tortious conduct of other defendants, and participating in the conspiracy to engage in such

3

Subsequent to the filing of this motion, the claims against Defendant William Levi Jones
II were voluntarily dismissed. See ECF No. 209. As a result, I will only address the claims
against Trademark Group, LLC. 

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conduct and commit fraudulent acts, to recover attorneys’ fees and costs; (2) Defendant was
properly served with the Complaint on January 4, 2013, ECF No. 61; (3) Defendant’s responses
to the Complaint were due to be filed on or before January 25, 2013, and the time within which
Defendant could answer or otherwise defend has expired; (4) Defendant did not answer or
otherwise defend; (5) Defendant’s default was entered by the Clerk of the Court on August 26,
2013, ECF No. 144; (6) Plaintiff established Defendant’s liability; and (7) the amount of
attorneys’ fees and costs that Plaintiff incurred, $5,789.39, is reasonable.
Plaintiff filed a motion for default judgment against Willie E. Chase. ECF No. 194.
Having reviewed Plaintiff’s memorandum and the affidavits and exhibits attached thereto, and
pursuant to Fed. R. Civ. P. 55(b), I find that (1) this action is brought for aiding and abetting the
tortious conduct of other defendants, and participating in the conspiracy to engage in such
conduct and commit fraudulent acts, to recover attorneys’ fees and costs; (2) Defendant was
properly served with the Complaint on May 22, 2013, ECF No. 115; (3) Defendant’s responses
to the Complaint were due to be filed on or before June 12, 2013, and the time within which
Defendant could answer or otherwise defend has expired; (4) Defendant did not answer or
otherwise defend; (5) Defendant’s default was entered by the Clerk of the Court on August 26,
2013, ECF No. 145; (6) Plaintiff established Defendant’s liability; and (7) the amount of
attorneys’ fees and costs that Plaintiff incurred, $15,984.11, is reasonable.
ORDER
Accordingly, it is this 11th day of February, 2016, by the United States District Court for
the District of Maryland, hereby ORDERED that:
1. Plaintiff’s motion for default judgment, ECF No. 199, IS GRANTED in favor of
Plaintiff as follows:

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a. Judgment shall be entered in favor of Fidelity National Title Insurance Company,
Inc., and against Defendants Rhonda Scott and AJ&A Investment Group Nevada,
LLC, both jointly and severally, in the total amount of $22,520.95, which amount
consists of attorneys’ fees and costs;
b. The Clerk IS DIRECTED to CLOSE THIS CASE with respect to Defendants
Rhonda Scott and AJ&A Investment Group Nevada, LLC.
2. Plaintiff’s motion for default judgment, ECF No. 190, IS GRANTED in favor of
Plaintiff as follows:
a. Judgment shall be entered in favor of Fidelity National Title Insurance Company,
Inc., and against Defendant Celous Raines in the total amount of $14,000.93,
which amount consists of attorneys’ fees and costs;
b. The Clerk IS DIRECTED to CLOSE THIS CASE with respect to Defendant
Celous Raines.
3. Plaintiff’s motion for default judgment, ECF No. 193, IS GRANTED in favor of
Plaintiff as follows:
a. Judgment shall be entered in favor of Fidelity National Title Insurance Company,
Inc., and against Defendants Donahue Mack and D&A General Services, LLC,
both jointly and severally, in the total amount of $14,289.87, which amount
consists of attorneys’ fees and costs;
b. The Clerk IS DIRECTED to CLOSE THIS CASE with respect to Defendants
Donahue Mack and D&A General Services, LLC.
4. Plaintiff’s motion for default judgment, ECF No. 189, IS GRANTED in favor of
Plaintiff as follows:

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a. Judgment shall be entered in favor of Fidelity National Title Insurance Company,
Inc., and against Defendant Ernest Acquah in the total amount of $50,757.96,
which amount consists of attorneys’ fees and costs;
b. The Clerk IS DIRECTED to CLOSE THIS CASE with respect to Defendant
Ernest Acquah.
5. Plaintiff’s motion for default judgment, ECF No. 196, IS GRANTED in favor of
Plaintiff as follows:
a. Judgment shall be entered in favor of Fidelity National Title Insurance Company,
Inc., and against Defendant Jeffrey King in the total amount of $40,717.73, which
amount consists of attorneys’ fees and costs;
b. The Clerk IS DIRECTED to CLOSE THIS CASE with respect to Defendant
Jeffrey King.
6. Plaintiff’s motion for default judgment, ECF No. 200, IS GRANTED in favor of
Plaintiff as follows:
a. Judgment shall be entered in favor of Fidelity National Title Insurance Company,
Inc., and against Defendant John Messenger in the total amount of $297,092.50,
which amount consists of attorneys’ fees and costs;
b. The Clerk IS DIRECTED to CLOSE THIS CASE with respect to Defendant John
Messenger.
7. Plaintiff’s motion for default judgment, ECF No. 195, IS GRANTED in favor of
Plaintiff as follows:

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a. Judgment shall be entered in favor of Fidelity National Title Insurance Company,
Inc., and against Defendant King Group LLC in the total amount of $28,900.41,
which amount consists of attorneys’ fees and costs;
b. The Clerk IS DIRECTED to CLOSE THIS CASE with respect to Defendant King
Group LLC.
8. Plaintiff’s motion for default judgment, ECF No. 197, IS GRANTED in favor of
Plaintiff as follows:
a. Judgment shall be entered in favor of Fidelity National Title Insurance Company,
Inc., and against Defendant M & R Title, Inc., in the total amount of $579,478.33,
which amount consists of attorneys’ fees and costs;
b. The Clerk IS DIRECTED to CLOSE THIS CASE with respect to Defendant M &
R Title, Inc.
9. Plaintiff’s motion for default judgment, ECF No. 198, IS GRANTED in favor of
Plaintiff as follows:
a. Judgment shall be entered in favor of Fidelity National Title Insurance Company,
Inc., and against Defendant Marla Messenger in the total amount of $279,092.50,
which amount consists of attorneys’ fees and costs;
b. The Clerk IS DIRECTED to CLOSE THIS CASE with respect to Defendant
Marla Messenger.
10. Plaintiff’s motion for default judgment, ECF No. 191, IS GRANTED in favor of
Plaintiff as follows:

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a. Judgment shall be entered in favor of Fidelity National Title Insurance Company,
Inc. and against Defendant Morris Green in the total amount of $4,305.00, which
amount consists of attorneys’ fees and costs;
b. The Clerk IS DIRECTED to CLOSE THIS CASE with respect to Defendant
Morris Green.
11. Plaintiff’s motion for default judgment, ECF No. 201, IS GRANTED in favor of
Plaintiff as follows:
a. Judgment shall be entered in favor of Fidelity National Title Insurance Company,
Inc., and against Defendant Shuna Boodram II, in the total amount of $3,511.86,
which amount consists of attorneys’ fees and costs;
b. The Clerk IS DIRECTED to CLOSE THIS CASE with respect to Defendant
Shuna Boodram II.
12. Plaintiff’s motion for default judgment, ECF No. 192, IS GRANTED IN PART and
DENIED IN PART as follows:
a. Judgment shall be entered in favor of Fidelity National Title Insurance Company,
Inc., and against Defendant Trademark Group, LLC, in the total amount of
$5,789.39, which amount consists of attorneys’ fees and costs;
b. Plaintiff’s motion is denied as moot with regard to Defendant William Levi Jones
II;
c. The Clerk IS DIRECTED to CLOSE THIS CASE with respect to Defendant
Trademark Group, LLC.
13. Plaintiff’s motion for default judgment, ECF No. 194, IS GRANTED in favor of
Plaintiff as follows:

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a. Judgment shall be entered in favor of Fidelity National Title Insurance Company,
Inc., and against Defendant Willie E. Chase in the total amount of $15,984.11,
which amount consists of attorneys’ fees and costs;
b. The Clerk IS DIRECTED to CLOSE THIS CASE with respect to Defendant
Willie E. Chase.
14. Plaintiff previously filed motions for clerk’s entry of default against five other
defendants: Delores Fuller, ECF No. 123; Erica Epps, ECF No. 125; Faustin &
Associates, LLC, ECF No. 126; G. Corey Faustin, ECF No. 127; and Vikki Ross,
ECF No. 137. The Clerk of the Court entered default against all five defendants in
August 2013. See ECF Nos. 140, 141, & 144. Plaintiff has not taken any subsequent
action regarding these defendants since the Clerk entered default. Unless Plaintiff
files motions for default judgment with respect to these defendants by March 11,
2016, the case against these defendants will be dismissed without further notice.

/S/
Paul W. Grimm
United States District Judge

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