Leal et al v. Glass et al

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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
JORGE LEAL, AS TO AN UNDIVIDED
100,000/158,000 INTEREST; FMC T.D.
INVESTMENTS, LLC, AS TO AN
UNDIVIDED 58,000/158,000 INTEREST 	PLAINTIFFS
V. 	CASE NO. 5:24-CV-5152
KEITH M. GLASS, and
AMIE M. GLASS 	DEFENDANTS
JUDGMENT
Currently before the Court is the Motion and Supporting Brief for Default Judgment
(Doc. 15) filed by Plaintiffs Jorge Leal and FMC T.D. Investments. 	The record reflects
that personal service was obtained upon Defendants Keith Glass and Amie Glass on
August 13, 2024. 	See Docs. 9-1 & 9-2. 	The Clerk entered default against the Glasses
pursuant to Federal Rule of Civil Procedure 55(a) on September 27, 2025. See Doc. 10.
The Complaint seeks a judgment, decree of foreclosure and sale, declaration that
Plaintiffs hold the senior lien interest in the subject property, clarification of the amounts
due under the note and mortgage, and an award of attorney’s fees and costs. (Doc. 2.)
In support, Plaintiffs provided affidavits showing the amount due on the Note and
Mortgage (Docs. 15, 24, 26) and attorneys’ fees and costs (Docs. 15, 23, 25), which the
Court has considered. 	The subject property (the “Property), located at 4589 Ashford
Knolls, Springdale, AR 72762, is more particularly described as follows:
LOT 	18, 	CARLEY 	MEADOWS 	SUBDIVISION, 	TO 	THE 	CITY 	OF
JOHNSON, WASHINGTON COUNTY, ARKANSAS, AS SHOWN IN PLAT
RECORD “11” AT PAGE 40.
SUBJECT TO RECORD INSTRUMENTS, COVENANTS, RIGHTS OF
WAY, AND EASEMENTS.
A/K/A 4589 ASHFORD KNOLLS, SPRINGDALE, AR 72762.
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The Court held hearings under Federal Rule of Civil Procedure 55(b)(2) to
determine the amount of damages on October 27, 2025 and January 9, 2026.
The Court credits Mr. Leal’s sworn affidavit and the exhibits on which it relies. (Doc.
25). 	In view of Keith and Amie Glasses’ default, Jorge Leal and FMC Investments are
entitled to default judgment in their favor and against the Glasses. 	The Court agrees
Jorge Leal and FMC Investments may recover the principal balance, interest owed, and
accrued late charges claimed in their affidavit for a total sum of $219,493.25.
Plaintiffs are also entitled to post-judgment interest, calculated at a rate equal to
the weekly average 1-year constant maturity Treasury yield for the calendar week
preceding the date of the judgment, or 3.48%. 	Such interest will accrue until paid in full.
Finally, counsel for Plaintiffs submitted an affidavit in support of the request for
fees and costs as well as an itemized billing statement. See Doc. 25. The Court approves
an award of $1150.85 in costs. The Court also approves the request for fees, having
considered the following factors: (1) the experience and ability of counsel; (2) the time
and labor required to perform the legal service properly; (3) the amount involved in the
case and the results obtained; (4) the novelty and difficulty of the issues involved; (5) the
fee customarily charged in the locality for similar services; (6) whether the fee is fixed or
contingent; (7) the time limitations imposed upon the client or by the circumstances; and
(8) the likelihood that the acceptance of the particular employment will preclude other
employment by the lawyer. Chrisco v. Sun Indus., Inc., 304 Ark. 227, 229 (1990).
The Court finds that the rate of $265 per hour charged by Plaintiffs’ counsel,
Damian Waldman, is reasonable. However, the Court finds that the 50.43 hours billed by
Mr. Waldman are excessive in light of the case’s default posture, the Court’s concerns
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that particular time entries may not distinguish between his services and services of
paralegals employed by his firm, and concerns about the accuracy of Mr. Waldman’s
records. For all these reasons, the Court approves a total fee of $12,500.00.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:
(1) Any claim, right, title, or interest in the subject property that might be held by
Keith 	Glass, 	Amie 	Glass, 	or 	Monkey 	Doodle 	LLC 	is 	declared 	junior,
subordinate, and inferior to any and all claims, right, title, and interest held by
Jorge Leal, as to an undivided 100,000/158,000 interest, and FMC T.D.
Investments, LLC, as to an undivided 58,000/158,000 interest.
(2) Jorge Leal, as to an undivided 100,000/158,000 interest, and FMC T.D.
Investments, LLC, as to an undivided 58,000/158,000 interest are granted
judgment in personam against Keith Glass and Amie Glass and in rem against
the subject property for $233,144.10.
(3) Jorge Leal, as to an undivided 100,000/158,000 interest, and FMC T.D.
Investments, LLC, as to an undivided 58,000/158,000 interest, as the current
owners and holders of the Note and servicers of the loan, have good standing
to proceed with foreclosure;
(4) Jorge Leal, as to an undivided 100,000/158,000 interest, and FMC T.D.
Investments, LLC, as to an undivided 58,000/158,000 interest are declared to
have first lien position on the subject property;
(5) The subject property is to be sold, and the proceeds of the sale shall be
distributed by further order of this Court; and
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(6) All writs and processes necessary for the enforcement and execution of this
Judgment may issue.
IT IS SO ORDERED on this 12th day of January, 2025.
____________________________________
TIMOTHY L. BROOKS
CHIEF UNITED STATES DISTRICT JUDGE
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