O'Quinn v. Recovery Partners, LLC

Filing 10

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Case Mgmt Conf in this action scheduled for 5/11/11 is CANCELLED. 2)Pltf's 8 MOTION for Default Judgment is CONSTRUED as an application for deflt jgm pursuant to Rule 55(b)(2). 3)W/i 15 days , pltf shall SUBMIT a suppl afdt further documenting and supporting his damage clms in support of the mtn for dfltjgm. 4)W/i 15 days of the date of this order, Pltf shall SUBMIT further evidene in support of their request for attys fees. 6)Failure to file the suppl documentation described in paragraphs three and four may result in denial of the mtn for dflt jgm in whole or in part. Signed by Chief Judge Yvette Kane on May 10, 2011. (sc) (Main Document 10 replaced on 5/10/2011) (sc, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WARD O’QUINN
Plaintiff
v.
RECOVERY PARTNERS,
Defendant

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Civil Action No. 1:10-cv-2361
(Chief Judge Kane)

MEMORANDUM ORDER
Before the Court is Plaintiff’s motion for default judgment. (Doc. No. 8.) Defendant
Recovery Partners was served on December 10, 2010, (Doc. No. 3); however, to date, Defendant
has failed to enter an appearance. Plaintiff requested the clerk enter default on February 16,
2011, (Doc. No. 5), and the clerk entered default on that date (Doc. No. 6). On April 21, 2011,
Plaintiff moved for the entry of default judgment and included an affidavit showing the amount
due.1 (Doc. No. 8.) In addition to seeking statutory damages in the amount of $1,000.00 and
actual damages in the amount of $5,000.00, Plaintiff seeks attorney’s fees in the amount of
$4,868.75. (Id. ¶¶ 5-8.2)
In assessing a request for attorney’s fees, “the most useful starting point for determining
the amount of a reasonable fee 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).
Performing this calculation will provide the “lodestar” figure, which is presumed to be the

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Plaintiff does not identify the rule under which he is seeking default; however, the
Court will construe his motion as made pursuant to Rule 55(b)(2) of the Federal Rules of Civil
Procedure.
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The motion does not include a paragraph seven.
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reasonable fees for the matter. Rode v. Dellaciprete, 892 F.2d 1177, 1183 (3d Cir. 1990). The
party seeking the attorney’s fees has the burden to prove that the requested attorney’s fees are
reasonable, which initially requires the fee petitioner to “submit evidence supporting the hours
worked and the rates claimed.” Id. at 1183; E.E.O.C. v. Fed. Express Corp., 537 F. Supp. 2d.
700, 721 (M.D. Pa. 2005) (citing Hensley, 461 U.S. at 433). An hourly rate is reasonable if the
fee applicant demonstrates by evidence, in addition to the fee applicant’s own affidavit, that the
suggested rate is comparable to the current “rates prevailing in the community for similar
services by lawyers of reasonably comparable skill, experience, and reputation.” Maldonado v.
Houstoun, 256 F.3d 181, 184 (3d Cir. 2001). Therefore, Plaintiff will be required to submit
further evidence in support of his claimed attorney’s fees.
As damages, Plaintiff claims to be entitled to an award of $6,000.00, consisting of
$1,000.00 in statutory damages and $5,000.00 in actual damages. (Doc. No. 8 ¶ 5-6.) Under the
FDPCA actual damages may be awarded to a plaintiff as a result of a defendant's failure to
comply with the Act. 15 U.S.C. § 1692k(a)(1). However, Plaintiff has not submitted any
evidence in support of the amount of his alleged damages. Nor has Plaintiff even clearly
identified what actual damages he suffered. Therefore, Plaintiff will be required to submit
further evidence in support of his claimed damages.
While Plaintiff has not adequately supported his claim for the requested amount of
damages, the Court does not, at this time, find that a hearing is necessary under Rule 55(b)(2)(B)
to determine the amount of damages due. After reviewing all supplemental information
provided by Plaintiff, the Court will make a determination regarding whether the Court is able to
determine the amount of damages based on the evidence submitted. See 10 James Wm. Moore,
et al., Moore’s Federal Practice § 55.32[2][c] (Matthew Bender ed. 2010) (“[T]he “hearing” may
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be one in which the court asks the parties to submit affidavits and other materials from which the
court can decide the issue”).
ACCORDINGLY, on this 10th day of May 2011, IT IS HEREBY ORDERED THAT:
1.

The Case Management Conference in this action scheduled for May 11, 2011, is
CANCELLED.

2.

Plaintiff’s motion for default judgment (Doc. No. 8) is CONSTRUED as an
application for default judgment pursuant to Rule 55(b)(2).

3.

Within fifteen days of the date of this order, Plaintiff SHALL SUBMIT a
supplemental affidavit further documenting and supporting his damage claims in
support of the motion for default judgment.

4.

Within fifteen days of the date of this order, Plaintiff SHALL SUBMIT further
evidence in support of their request for attorney’s fees.

5.

Failure to file the supplemental documentation described in paragraphs three and
four may result in denial of the motion for default judgment (Doc. No. 8) in whole
or in part.

S/ Yvette Kane
Yvette Kane, Chief Judge
United States District Court
Middle District of Pennsylvania

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