United States District Court, D. Alaska
RAYMOND C. GIVENS, Plaintiff,
WALLACE OENGA, Defendant.
RUSSEL HOLLAND UNITED STATES DISTRICT JUDGE
for Default Judgment 
Raymond C. Givens moves for the entry of a default judgment
against defendant. Copies of all of plaintiff's moving
papers have been mailed to defendant by plaintiff at the
request of the court. Defendant has not responded to
plaintiff's motion. Defendant's default was duly
entered by the clerk of court on April 18,
the entry of default against defendant, the well-pleaded
factual allegations of plaintiff's complaint as regards
liability are taken as true, but the allegations as to the
amount of plaintiff's damages must be proved.
Televideo Systems, Inc. v. Heidenthal, 826 F.2d 915,
917-18 (9th Cir. 1987). In exercising its discretion with
respect to motions for default judgment, the court considers
the seven factors discussed below. Eitel v. McCool,
782 F.2d 1470, 1471-72 (9th Cir. 1986).
Possibility of prejudice to plaintiff.
out in the declaration of plaintiff,  defendant has repeatedly
entered into agreements with plaintiff concerning the payment
of attorney fees earned by plaintiff and owed by defendant.
Defendant has repeatedly breached his agreements by which
plaintiff's fees should have been paid. In light of
defendant's past conduct, only forceful judicial action
will put an end to defendant's avoidance of his
obligation to plaintiff. Declaratory relief, a money
judgment, and a requirement of specific performance are in
order to ameliorate the prejudice to plaintiff.
(3) Merits of plaintiff's substantive claims;
sufficiency of plaintiff's complaint.
complaint sets out in detail the history of the attorney fee
arrangements between plaintiff and defendant, all of which
were expressed in written contracts as detailed in
plaintiff's complaint. The relief sought by the instant
motion is consistent with the relief prayed for in
plaintiff's complaint. Defendant has at all times been on
notice that plaintiff was seeking declaratory relief, a money
judgment in a specific amount, and an order for specific
defendant owes plaintiff the sums set out in plaintiff's
complaint is amply established by the series of attorney fee
agreements that are before the court.
Sum of money at stake.
parties' 2018 Settlement Agreement regarding attorney
fees owed by defendant to plaintiff expressly and
unequivocally establishes defendant's obligation to pay
plaintiff $42, 323.05 for calendar year 2018,  and $43, 538.38
for calendar year 2019. Each of these sums represents 25% of
defendant's share of lease rents paid by BP to OST.
Defendant owes plaintiff 5% interest on these delinquent
Possibility of a dispute concerning material facts.
light of the fact that defendant and plaintiff have fully
documented their original contingent fee contract, as well as
the succeeding modifications of that contingent fee
agreement, through and including the 2018 Settlement
Agreement upon which plaintiff's complaint is based,
court perceives there to be no possibility of a dispute as to
material facts. Plaintiff has earned his contingent fee.
Plaintiff has repeatedly agreed to modify the fee agreement
in fashions which benefitted defendant, yet defendant has
breached the 2018 Settlement Agreement by rescinding
instructions given by him pursuant to the 2018 Settlement
Agreement calling for the BIA and OST to disburse, on an
annual basis, 25% of the BP lease rent payments directly to
Whether the default was due ...