Ocwen Loan Servicing LLC v. Akbari et al

Filing 25

ORDER Granting 22 Ocwen's Motion for Attorney Fees. IT IS FURTHER ORDERED that Akbari shall pay Ocwen $3,059.00 in attorney's fees within 30 days of entry of this order as a condition of 21 the Court's Order Setting Aside Clerk's Entry of Default. Signed by Judge Larry R. Hicks on 10/10/13. (Copies have been distributed pursuant to the NEF - EDS)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9
10
11
12
13
14
15

OCWEN LOAN SERVICING, LLC, A
Delaware limited liability company,

)
)
)
Plaintiff,
)
)
v.
)
)
ASHRAF AMIN AKBARI, an individual, and )
DOES 1 through 10, inclusive,
)
)
Defendants.
)
)

2:11-CV-01781-LRH-VCF
ORDER

16
17

Before the Court is Plaintiff Ocwen Loan Servicing’s (“Ocwen’s”) Motion for Attorney’s

18

Fees. Doc. #22. Defendant Ashraf Amin Akbari (“Akbari”) filed a Response (Doc. #23), to which

19

Ocwen replied (Doc. #24).

20

I.

21

Factual Background
In June 2011, Akbari entered into a contract with Ocwen to purchase real estate in Las

22

Vegas. Following a disagreement over the payment method, Ocwen filed the present Complaint.

23

Doc. #1. Despite several extensions, Akbari repeatedly failed to answer in accordance with the

24

Court’s deadlines. Ocwen filed for Entry of Clerk’s Default (Doc. #12), and on August 24, 2012

25

the Clerk entered Default against Akbari. Doc. #13. Thereafter, Akbari timely filed a Motion to

26

Set Aside the Clerk’s Entry of Default. Doc. #14. On June 7, 2013, the Court granted Akbari’s

1

Motion on the condition that Akbari pay Ocwen’s reasonable attorney’s fees incurred as a result of

2

Akbari’s Motion. Doc. #21.

3

II.

Legal Standard

4

Where a defaulting party’s behavior causes impermissible prejudice to his opponent, the

5

Court may condition its setting aside of default upon the defaulting party’s payment of the non-

6

defaulting party’s attorney fees and costs. Nilsson v. Louisiana Hydrolec, 854 F.2d 1538, 1546. In

7

doing so, “any prejudice suffered by the non-defaulting party as a result of the default and the

8

subsequent reopening of the litigation can be rectified.” Id.

9

III.

10

Discussion
The Court finds that Ocwen’s request for $3,059.00 in attorney’s fees is reasonable under

11

the circumstances. In support of its request, Ocwen complied with the applicable provisions of

12

Local Rule 54-16 by providing an itemization and description of the work performed as well as a

13

summary of the results obtained and the amount involved; the time and labor required to pursue

14

this matter; the novelty and difficulty of the questions involved; the skill requisite to perform the

15

legal service properly; the preclusion of other employment due to acceptance of the case; the

16

customary fee; the time limitations imposed by the client or circumstances; counsel’s own

17

experience, reputation, and ability; the nature and length of the professional relationship with the

18

client; and awards in similar cases. See Doc. #22, Ex. 1, Ex. 2. Akbari’s argument that the sum is

19

excessive in light of Ocwen’s admission that the questions of law were not especially complex or

20

difficult and that Ocwen’s counsel are experienced commercial litigators who are well versed and

21

very experienced in this area of law is unpersuasive. Each of the entries in Ocwen’s supporting

22

documentation represents time and costs that were actually incurred by Ocwen’s counsel in

23

connection with Akbari’s failure to answer the Complaint and Akbari’s subsequent Motion to Set

24

Aside Clerk’s Default. This was precisely the prejudice that the Court sought to rectify in

25

conditioning its Order Setting Aside Clerk’s Entry of Default on Akbari paying Ocwen’s

26

reasonable attorney’s fees. Moreover, the time incurred by Ocwen’s counsel in diligently
2

1

reviewing the Court’s docket and the parties’ submissions, and researching and drafting a Response

2

to Akbari’s Motion to Set Aside Clerk’s Default is fully reflected in Ocwen’s thorough and detailed

3

Response. As such, the Court finds that Ocwen’s request for $3,059.00 in attorney’s fees is

4

reasonable.

5
6
7

IT IS THEREFORE ORDERED that Ocwen’s Motion for Attorney’s Fees (Doc. #22) is
GRANTED.
IT IS FURTHER ORDERED that Akbari shall pay Ocwen $3,059.00 in attorney’s fees

8

within thirty (30) days of the entry of this Order as a condition to the Court’s Order Setting Aside

9

Clerk’s Entry of Default.

10

IT IS SO ORDERED.

11

DATED this 10th day of October, 2013.

12
13
14

__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
3