ELLEN S. HUVELLE, District Judge.
In this breach of contract action, plaintiff Melehy and Associates LLC (the "Melehy Law Firm") has moved pursuant to Federal Rule of Procedure 55(b) for entry of a default judgment against individual defendants Ermias Siefe Haile and Tewodage Mulugeta. (Mot. for Default Judgment, ECF No. 10.) For the reasons stated herein, the motion is granted.
The Melehy Law Firm "is a limited liability company organized under the laws of the State of Maryland with its principal place of business in the State of Maryland." (Compl. ¶ 5.) It "provides legal services to individual and corporate clients in Maryland and the District of Columbia in connection with, among other things, seeking relief under the United States Bankruptcy Code." (Id.)
Vision Investment LLC ("Vision" or "Vision LLC") is "a limited liability company organized under the laws of the District of Columbia for the purpose of owning and managing a multi-unit rental property located in the District of Columbia." (Id. ¶ 6.) Haile and Mulugeta are the only two members of Vision LLC, and both are citizens of Virginia. (Id. ¶¶ 1, 6.)
On or about January 9, 2017, Haile and Mulugeta retained the Melehy Law Firm to represent Vision LLC in connection with filing for Chapter 11 bankruptcy. (Id. ¶ 8.) The terms under which the Melehy Law Firm agreed to represent Vision LLC are set forth in a Retainer Agreement. (Id. ¶ 9; see also Mot. for Default Judgment, Ex. D (copy of signed Retainer Agreement).) The Retainer Agreement was signed by Haile and Mulugeta in their capacity as members of Vision and also individually as guarantors. (See Compl. ¶ 9; see also Retainer Agreement at 6 ("As members of Vision Investment LLC, we have read, understand and agree to the above fee arrangement. We understand that we are jointly and severally liable for all amounts due under this retainer agreement.").) The Retainer Agreement provides that "any billed balance which remains unpaid for more than 30 days continues to accrue interest at the rate of 18 percent per annum." (Compl. ¶ 14; Retainer Agreement ¶ 22(i).) It further provides that Vision LLC would pay any attorney's fees and costs incurred "in connection with any collection efforts undertaken in order to secure payment of any sums that become due under the Retainer Agreement." (Compl. ¶ 10; Retainer Agreement ¶ 22(iv) & (v).) In addition, Haile and Mulugeta "executed an Unlimited Guaranty whereby they each individually agreed to be responsible for any attorney's fees incurred or costs advanced by [Melehy] in connection with its representation of Vision [] in its Chapter 11 bankruptcy case." (Compl. ¶ 11.)
On January 9, 2017, Suvita Melehy, an attorney at the Melehy Law Firm, filed a Chapter 11 voluntary petition for bankruptcy on behalf of Vision LLC. See Petition, In re Vision Investment LLC, No. 17-bk-00012 (Bankr. D.D.C.) ("Vision Bankr."). On February 3, 2017, Vision LLC (through Suvita Melehy) filed an application with the bankruptcy court to retain the Melehy Law Firm, specifically Suvita Melehy, to represent it in its bankruptcy proceedings. See Application, Vision Bankr., ECF No. 26. On February 24, 2017, the bankruptcy court approved the employment of the Melehy Law Firm and Suvita Melehy to represent Vision LLC in bankruptcy, with an effective date of January 9, 2017. See Order, Vision Bankr., ECF No. 28.
On February 26, 2018, Suvita Melehy and the Melehy Law Firm, citing an inability to communicate with Haile, the managing member of Vision LLC, filed a motion to withdraw as counsel for Vision LLC. See Motion, Vision Bankr., ECF No. 108. On March 20, 2018, the bankruptcy court granted the motion. See Order, Vision Bankr., ECF No. 115. On April 20, 2018, the bankruptcy court converted Vision LLC's bankruptcy case from Chapter 11 to Chapter 7, designating Haile to act as the debtor. See Order, Vision Bankr., ECF No. 121.
For the entirety of the period the Melehy Law Firm represented Vision LLC in bankruptcy (from January 9, 2017 through March 19, 2018), it rendered legal services and advanced costs totaling $121,061.58. (Compl. ¶¶ 12.) On April 18, 2017, while it was still acting as Vision LLC's counsel, the Melehy Law Firm filed its "first interim application for compensation of counsel for the debtor," seeking to be paid for services rendered and expenses incurred from January 9, 2017 through April 18, 2017. See Application, Vision Bankr., ECF No. 43. On May 16, 2017, the bankruptcy court approved that application, awarding Melehy $36,848.25 in attorneys' fees and $2,596.12 in costs, for a total award of $39,444.37. See Order, Vision Bankr., ECF No. 47.
On April 25, 2019, over a year after its representation of Vision LLC had ended, the Melehy Law Firm filed a second application for compensation with the bankruptcy court, seeking to recover its fees and costs for the remainder of the period it had represented Vision LLC (from April 18, 2017 through March 19, 2018). See Second Application, Vision Bankr., ECF No. 210, at 2. The application indicated that the Melehy Law Firm intended to "file its claim as an administrative priority claim" with the bankruptcy Trustee, but that it was "simultaneously filing its fee petition to obtain court approval of the fees and costs which will be sought in [its] claim." Id. The Trustee has filed an opposition to this application and has also requested that the Melehy Law Firm be ordered to disgorge the compensation it was previously awarded. See Opposition and Request for Disgorgement, Vision Bankr., ECF No. 212. The bankruptcy court has scheduled a combined hearing on the Melehy Law Firm's second application for compensation and the Trustee's request for disgorgement, which is currently set for September 17, 2019. See Minute Entry, Vision Bankr., ECF No. 227.
To date, the Melehy Law Firm has been paid a total of $39,479.37,
On November 5, 2018, the Melehy Law Firm filed a breach of contract action against Haile and Mulugeta (jointly referred to as "Defendants" in the complaint), seeking to recover from them the money it claims to be owed by Vision LLC for legal services and costs for the period from April 18, 2017 through March 19, 2018.
Based on these allegations, the Melehy Law Firm seeks an award of damages in the amount of the outstanding debt of $81,617.21, plus $8,001.90 in accrued interest,
Haile was personally served with a summons and a copy of the complaint on November 8, 2018. (See Aff. of Service, Nov. 12, 2018, ECF No. 3.) Mulugeta was personally served on November 23, 2018. (Aff. of Service, Nov. 29, 2018, ECF No. 4.) Haile's answer or other response to the complaint was due on November 29, 2018; Mulugeta's was due on December 14, 2018. (See Affidavits of Service, ECF Nos. 3-4.) To date, neither Haile nor Mulugeta has answered or otherwise responded to the complaint.
On December 19, 2018, the Melehy Law Firm filed affidavits of default as to both Haile and Mulugeta, accompanied by the required military affidavits. (See Affidavits, ECF Nos. 5-7.) Pursuant to Fed. R. Civ. P. 55(a), the Clerk of Court entered defaults against Haile and Mulugeta on January 2, 2019. (See Clerk's Entries of Default, ECF Nos. 8-9.) Copies of the entries of default were mailed by the Clerk to each defendant.
On January 11, 2019, the Melehy Law Firm filed the pending motion for default judgment.
Pursuant to Fed. R. Civ. P. 55(b), the Melehy Law Firm asks the Court to enter a default judgment in its favor and against defendants Haile and Mulugeta, jointly and severally, for the sum of $90,099.11 (the total of the outstanding debt of $81,617.21, accrued interest of $8,001.90, and $480.00 in costs
The "entry of a default judgment is not automatic." Mwani v. bin Laden, 417 F.3d 1, 6 (D.C. Cir. 2005). First, the procedural posture of a default does not relieve a federal court of its "affirmative obligation" to determine whether it has subject-matter jurisdiction over the action. James Madison Ltd. v. Ludwig, 82 F.3d 1085, 1092 (D.C. Cir. 1996). Here, the Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332(a)(1) because there is complete diversity of citizenship and the amount in controversy exceeds $75,000.00. (See Compl. ¶¶ 1-5.) Venue is proper in this district under 28 U.S.C. § 1391(b)(2) because the action arises in connection with legal services rendered in a Chapter 11 bankruptcy case in the United States Bankruptcy Court for the District of Columbia.
Once satisfied as to its jurisdiction, the determination of whether default judgment is appropriate is committed to the discretion of the trial court. See Jackson v. Beech, 636 F.2d 831, 836 (D.C. Cir. 1980). Courts strongly favor resolution of disputes on their merits. Id. However, default judgment is available "when the adversary process has been halted because of an essentially unresponsive party. . . . The diligent party must be protected lest he be faced with interminable delay and continued uncertainty as to his rights." Jackson v. Beech, 636 F.2d 831, 835-36 (D.C. Cir. 1980) (internal quotations omitted). Where, as here, there is a complete "absence of any request to set aside the default or suggestion by the defendant that it has a meritorious defense, it is clear that the standard for default judgment has been satisfied." Int'l Painters and Allied Trades Indus. Pension Fund v. Auxier Drywall, LLC, 531 F.Supp.2d 56, 57 (D.D.C. 2008) (internal quotations omitted).
Finally, while the entry of default establishes defendant's liability for the well-pleaded allegations of the complaint, Adkins v. Teseo, 180 F.Supp.2d 15, 17 (D.D.C. 2001), it "does not. . . establish liability for the amount of damages claimed." Boland v. Elite Terrazzo Flooring, Inc., 763 F.Supp.2d 64, 67 (D.D.C. 2011). If necessary, a court may hold a hearing to "(A) conduct an accounting; (B) determine the amount of damages; (C) establish the truth of any allegation by evidence; or (D) investigate any other matter." Fed. R. Civ. P. 55(b)(2). Here, though, no hearing is necessary as there are sufficient "detailed affidavits [and] documentary evidence" to allow the Court to independently assess "the appropriate sum for the default judgment." Flynn v. Mastro Masonry Contractors, 237 F.Supp.2d 66, 69 (D.D.C. 2006) (citing United Artists Corp. v. Freeman, 605 F.2d 854, 857 (5th Cir. 1979)).
The Melehy Law Firm's motion is supported by an affidavit from counsel of record, Omar Melehy; an affidavit from a certified public accountant, Sandra Chiman; a bill of costs, and a signed copy of the Retainer Agreement. (See Mot. for Default Judgment & Exs. A-D, ECF No. 10.) These documents adequately substantiate the amount of damages the Melehy Law Firm claims, including accrued interest, costs, and entitlement to post-judgment interest at 18%.
For the reasons set forth above, the Court will grant the Melehy Law Firm's motion for default judgment and enter judgment in favor of the Melehy Law Firm and against Haile and Mulugeta in the amount of $90,099.11, with post-judgment interest to accrue at the contract rate of 18% per annum from the date of this judgment until the entire amount is paid. A separate Order and Default Judgment accompanies this Memorandum Opinion.