MALLORY v. OXFORD LAW, LLC

Filing 8

ORDER granting in part and denying in part 7 Motion for Default Judgment, without prejudice as to the amount of a statutory damages award and attorney's fees. ORDERED that costs are awarded to Plaintiff in the requested amount of $425.00. ORDERED that if Plaintiff submits the requisite evidentiary support, the Court will amend its Order. Signed by Judge Renee Marie Bumb on 10/24/2013. (TH, )

[Docket No. 7]
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE

IRA MALLORY,
Plaintiff,
v.

Civil No. 13-cv-2100 (RMB/AMD)
ORDER

OXFORD LAW, LLC,
Defendant.

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 abovecaptioned 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
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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
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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.

Dated: October 24, 2013

s/Renée Marie Bumb
RENÉE MARIE BUMB
United States District Judge

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