KATHERINE B. FORREST, District Judge.
On October 2, 2014, plaintiff The Soundkillers, LLC ("The Soundkillers" or "plaintiff") initiated this diversity breach-of-contract action against defendants Young Money Entertainment, LLC ("Young Money") and Cash Money Records, Inc. ("Cash Money," and collectively with Young Money, "defendants"). (ECF No. 1 ("Compl.").) The Complaint alleges that defendants owe plaintiff money for production services in connection with a musical recording. (
Plaintiff served the Summons and Complaint on Cash Money and Young Money on December 15, 2014 and December 22, 2014, respectively.
Pursuant to Rule 55 of the Federal Rules of Civil Procedure, a court must follow a two-step process before entering a default judgment. First, under Rule 55(a), the clerk of court must determine that the party against whom a judgment for affirmative relief is sought has failed to "plead or otherwise defend" itself, and then enter that party's default.
On January 13, 2015, plaintiff obtained certificates of default against defendants. (ECF Nos. 13, 14.) On January 15, 2015, plaintiff filed and served a motion for default judgment against defendants.
For the reasons set forth below, the Court hereby enters default judgment as against both defendants.
This Court has subject matter jurisdiction under 28 U.S.C. § 1332(a) because the amount in controversy exceeds $75,000.00 and there is complete diversity of citizenship.
Before entering a default judgment, the Court must review the complaint to determine whether plaintiff has stated a valid claim for relief.
For the reasons set forth below, the Court finds that the facts alleged in the Complaint support liability for breach of contract.
To establish a claim for breach of contract under New York law, a plaintiff must allege "(1) the existence of an agreement, (2) adequate performance of the contract by the plaintiff, (3) breach of contract by the defendant, and (4) damages."
Here, plaintiff has pleaded sufficient facts to establish all four elements of a breach-of-contract claim. First, plaintiff alleges that it entered into a written contract (the "Producer Agreement") with Young Money to furnish the production services of Ramon Owen to Young Money in connection with a master sound recording (the "Master Recording"). (
Accordingly, this Court finds defendants liable for breach of contract.
While a party's default is considered a concession of all well-pleaded allegations of liability, it is not considered an admission of damages. Cement &
Here, plaintiff seeks to recover the principal amount of $91,841.50; prejudgment interest at the rate of 9% per annum from December 31, 2012; attorney's fees in the amount of $3,500.00; costs in the amount of $120.00; and a full accounting of producer royalties beyond the December 31, 2012 Royalty Statement. (
Plaintiff seeks to recover the principal amount of $91,841.50. Plaintiff has provided to the Court a Royalty Statement dated December 31, 2012 in the total amount of $91,841.50. (Compl. Ex. B.) This Royalty Statement was issued by Cash Money and lists The Soundkillers as "payee." (
Plaintiff seeks prejudgment interest at the rate of 9% per annum from December 31, 2012. New York law provides that prejudgment interest of 9% is to be awarded in breach-of-contract cases.
Plaintiff seeks $3,500.00 in attorney's fees and $120.00 in costs for service of process. Plaintiff relies on Rule 4(d)(2) of the Federal Rules of Civil Procedure, which provides:
Fed. R. Civ. P. 4(d)(2).
On October 31, 2013, plaintiff served defendants with the Complaint and a Waiver of the Service of Summons pursuant to Rule 4(d)(1). (ECF Nos. 9, 10.) Upon defendants' failure to return the waiver form within the time required under Rule 4(d), plaintiff effected service on defendants using alternate means.
Rule 4(d)(2) entitles plaintiff to recover the $120.00 in costs for service of process. However, plaintiff's request for $3,500.00 in attorney's fees is clearly excessive. Rule 4(d)(2) entitles plaintiff to recover "reasonable" attorney's fees incurred in the preparation of any motion "to collect . . . service expenses." Fed. R. Civ. P. 4(d)(2). Plaintiff cannot recover attorney's fees incurred in connection with other aspects of the instant motion for default judgment.
Plaintiff's counsel has not submitted any documentation supporting the hours worked and the rates claimed. In particular, the Court does not have any information as to how much time counsel spent preparing the aspect of the default motion addressing service expenses. Accordingly, the Court cannot award attorney's fees at this time.
Finally, plaintiff seeks a full and updated accounting. Plaintiff alleges that the Master Recording and the album embodying the Master Recording (the "Album") "have had further sales since December 31, 2012," but defendants have failed to provide plaintiff with an accounting of producer royalties beyond the December 31, 2012 Royalty Statement—"despite demand, and despite the clear contractual language requiring them to do so." (Compl. ¶ 43.) Accordingly, the Court grants plaintiff's request for an accounting.
The Court hereby finds defendants liable for breach of contract. Defendants are liable for $91,841.50 plus interest accumulating at a rate of 9% per annum from December 31, 2012, as well as $120.00 in costs.
Plaintiff shall serve a copy of this Order on defendants not later than
Plaintiff's counsel may submit a revised request for attorney's fees not later than
SO ORDERED.