United States District Court, D. Maryland
pending is Plaintiff Cordish Power Plant Number Two,
LLC's (“Plaintiff”) Complaint and Request for
Entry of Judgment by Confession filed against Defendants
Charles T. Chiang and Christiana S. Chiang
(“Defendants”). [ECF 1]. In addition to a
principal amount of $149, 426.55 owed under a Confessed
Judgment Promissory Note (“the Note”), Plaintiff
seeks an award of attorneys' fees in the amount of $1,
269.14, court filing fees in the amount of $400.00, and $1,
228.20 in interest for the Defendants' failure to make
timely payments under the Note. Id. ¶
support of this request, Plaintiff has attached the Affidavit
of Amanda Amos (“Ms. Amos”), an authorized
representative for the Plaintiff. [ECF 1-3]. Ms. Amos states
that the Defendants have failed to make payments under the
Note, which was executed in connection with a Settlement
Agreement and Release of Claims made by Plaintiff against
Defendants in Cordish Power Plant Number Two, LLC v.
Charles T. Chiang et al., Case No. 18-cv-00574-CCB (D.
Md.). Id. ¶¶ 3-12. I have reviewed the
Motion and the supporting Affidavit, and find that I cannot
make a determination as to damages, based upon the evidence
submitted. See Adkins v. Teseo, 180 F.Supp.2d 15, 17
(D.D.C. 2001) (except where amount of damages is certain,
court must make independent determination of damages in
reviewing motion for default judgment and may rely on
detailed affidavits or documentary evidence to determine
Court requires several critical pieces of information in
order to determine damages. First, the Plaintiff should amend
its pleadings to clarify the amounts sought. Ms. Amos lists
the amounts due and owing under the Note as follows: a
principal balance of $149, 426.55, interest in the amount of
$1, 269.14, attorneys' fees in the amount of $1, 500.00,
and court filing fees in the amount of $400.00. Id.
¶ 13. However, the amounts Ms. Amos listed for the
interest, $1, 269.14, and for the attorneys' fees, $1,
500.00, are different from the amounts sought in the
Complaint, which are $1, 228.20 in interest, and $1, 269.14
in attorneys' fees. Compare ECF 1 ¶ 19,
with ECF 1-3 ¶ 13. Plaintiff should amend its
filings to make these amounts consistent.
Plaintiff's request for attorneys' fees, whether in
the amount of $1, 500.00 or $1, 269.14, does not comply with
Appendix B to this Court's Local Rules. See
Local Rule App. B. The Complaint and Ms. Amos's affidavit
state the discrepant amounts of attorneys' fees, but do
not provide the hours expended on the matter, the hourly
rate, or any description of the work performed. See
[ECF 1, 1-3]. Appendix B sets forth, in great detail, the
guidelines for determining attorneys' fees in cases where
the prevailing party is entitled to an award of fees by law
or contract. See Local Rule App. B n.1. Counsel
should reference these rules and provide a description of all
work performed, broken down by the time spent performing each
task. See e.g., Trs. of the Operating Eng'rs
Trust Fund v. Dominion Caisson Corp., Civil No.
DKC-10-0227, 2010 WL 1713999, at *3-4 (D. Md. Apr. 27, 2010)
(contrasting inadequate affidavits submitted in support of
motion for default judgment in ERISA action with
“sufficient affidavit” submitted in a different
case); Hartford Fin. Servs. Grp., Inc. v. Carl J. Meil,
Jr., Inc., Civil No. WDQ-10-2720, 2011 WL 1743177, at
*7-8 (D. Md. May 5, 2011) (finding one-page affidavit
submitted in support of motion for default judgment that did
not attach records or explain figures provided insufficient
to support award of damages). Plaintiff is permitted to
submit its counsel's billing records for the matter, if
the records comply with the specificity required by this
Court's Local Rules.
Plaintiff will have until Tuesday, November 13,
2018, to submit supplemental evidentiary support for
its Complaint and Request for Entry of Judgment by
Confession, and to amend its pleadings as required. Plaintiff
shall serve Defendants with a copy of the supplemental
briefing, and shall file a proof of service with the Court.
the informal nature of this letter, it should be flagged as
an opinion and docketed as an order.
Stephanie A. Gallagher, United States Magistrate Judge.
 These amounts are derived from the
Complaint, but, as will be discussed, the amounts are not
consistent with the amounts found in the Affidavit of Amanda
Amos. Compare ECF 1 ...