Erika L. Morabito (VSB No. 44369) 

Brittany J. Nelson (VSB No. 81734) 

Jack G. Haake (VSB No. 87590) 

FOLEY & LARDNER LLP 

3000 K Street, NW, Suite 600 

Washington, DC 20007-5109 

Telephone: (202) 672-5300 

Telecopy: (202) 672-5399) 

emorabito@foley.com

Counsel to Lynn L. Tavenner, Esq., 

Chapter 7 Trustee of Estate of LeClairRyan PLLC 

4851-9210-5157 

UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

In re: 

LeClairRyan PLLC, 

Debtor 

Case No.: 19-34574-KRH 

Chapter 7 

Lynn L. Tavenner, Chapter 7 Trustee, 

Plaintiff, 

vs. 

Esquire Deposition Services, LLC, 

Defendant. 

Adv. Pro. No.: 20-03065-KRH 

NOTICE OF MOTION FOR DEFAULT JUDGMENT 

PLEASE TAKE NOTICE that Lynn L. Tavenner, not individually, but solely in her 

capacity as the duly-appointed Chapter 7 trustee (the “Trustee” or herein “Plaintiff”) of the 

bankruptcy estate of LeClairRyan PLLC in the above-referenced Chapter 7 case, by and through 

her undersigned counsel, has filed a Motion for Default Judgment (the “Motion”) in the abovecaptioned adversary proceeding. 

PLEASE TAKE FURTHER NOTICE that a copy of the Motion may be obtained for a 

fee at https://ecf.vaeb.uscourts.gov. 

Your rights may be affected. You should read these papers carefully and discuss 

them with your attorney, if you have one in this bankruptcy case. (If you do not have an 

attorney, you may wish to consult one.) 

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4851-9210-5157 

PLEASE TAKE FURTHER NOTICE THAT on September 4, 2019, the Court entered 

the Order Establishing Certain Notice, Case Management, and Administrative Procedures, ECF 

No. 38 (the “Case Management Order”), which approved the Notice, Case Management and 

Administrative Procedures attached as Exhibit 1 to the Case Management Order (the “Case 

Management Procedures”). The Case Management Procedures, among other things, prescribe 

the manner in which Objections must be filed and served and set forth when certain hearings will 

be conducted. A copy of the Case Management Order may be obtained for a fee at 

https://ecf.vaeb.uscourts.gov. 

PLEASE TAKE FURTHER NOTICE if you do not want the Court to grant the relief 

requested in the Motion, or if you want the Court to consider your views on the Motion, then, by 

4:00 p.m. prevailing Eastern Time on December 17, 2020 (the “Objection Deadline”), you or 

your attorney must: 

 File with the Court, either electronically or at the address shown below, a written 

response to the Motion pursuant to Rule 9013-1(H) of the Local Rules of the United 

States Bankruptcy Court for the Eastern District of Virginia and the Case 

Management Procedures. If you mail your written response to the Court for filing, 

you must mail it early enough so the Court will receive it on or before the Objection 

Deadline. If a response is not properly and timely filed and served, the Court 

may deem any opposition waived, treat the Motion as conceded and enter an 

appropriate order granting the requested relief without further notice or 

hearing.

Clerk of the Court 

United States Bankruptcy Court 

701 East Broad Street 

Suite 4000 

Richmond, VA 23219 

In accordance with the Case Management Procedures, you must also serve a copy 

of your written Objection on the Core Parties, the 2002 List Parties and any 

Affected Entity so that the Objection is received on or before the Objection 

Deadline. 

PLEASE TAKE FURTHER NOTICE THAT you should consult the Case Management 

Procedures before filing any written response. 

[Remainder of Page Intentionally Left Blank] 

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3 

4851-9210-5157 

Dated: November 20, 2020 Respectfully submitted, 

/s/ Brittany J. Nelson 

Erika L. Morabito (VSB No. 44369) 

Brittany J. Nelson (VSB No. 81734) 

Jack G. Haake (VSB No. 87590) 

FOLEY & LARDNER LLP 

3000 K Street, NW, Suite 600 

Washington, DC 20007-5109 

(202) 672-5300 (telephone) 

(202) 672-5399 (facsimile) 

bnelson@foley.com 

Counsel to Lynn L. Tavenner, Esq., Chapter 7 

Trustee of Estate of LeClairRyan PLLC 

Case 20-03065-KRH Doc 6 Filed 11/20/20 Entered 11/20/20 10:24:10 Desc Main

Document Page 3 of 16
Erika L. Morabito (VSB No. 44369) 

Brittany J. Nelson (VSB No. 81734) 

Jack G. Haake (VSB No. 87590) 

FOLEY & LARDNER LLP 

3000 K Street, NW, Suite 600 

Washington, DC 20007-5109 

Telephone: (202) 672-5300 

Telecopy: (202) 672-5399) 

emorabito@foley.com

Counsel to Lynn L. Tavenner, Esq., 

Chapter 7 Trustee of Estate of LeClairRyan PLLC 

4851-9210-5157 

UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

In re: 

LeClairRyan PLLC, 

Debtor 

Case No.: 19-34574-KRH 

Chapter 7 

Lynn L. Tavenner, Chapter 7 Trustee, 

Plaintiff, 

vs. 

Esquire Deposition Services, LLC, 

Defendant. 

Adv. Pro. No.: 20-03065-KRH 

MOTION FOR DEFAULT JUDGMENT 

Lynn L. Tavenner, not individually, but solely in her capacity as the duly-appointed 

Chapter 7 trustee (the “Trustee” or herein “Plaintiff”) of the bankruptcy estate of LeClairRyan 

PLLC (the “Estate”) of LeClairRyan PLLC (“LeClairRyan” and/or the “Debtor”), in the abovereferenced Chapter 7 case (the “Case”), by and through her undersigned counsel, hereby moves 

(the “Motion”) for default judgment against the defendant, Esquire Deposition Services, LLC (the 

“Defendant”), pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure (the “Federal 

Rules”) and Rules 7012 and 7055 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy 

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5 

4851-9210-5157 

Rules”). In support of the Motion, the Plaintiff states the following, and with reference to the 

Affidavit of Counsel submitted, incorporated herewith, and attached as Exhibit A.

THE PARTIES 

1. The Trustee is the duly-appointed Chapter 7 trustee of the Estate. Prior to the 

Petition Date (defined below), the Debtor operated as a law firm. The Debtor operated its 

businesses from several states including Virginia. 

2. On information and belief, the Defendant provided goods and/or services to the 

Debtor at varying times prior to September 3, 2019 (the “Petition Date”). 

RELEVANT FACTS 

3. During the ninety (90) days before the Petition Date, (the “Preference Period”), 

the Debtor continued to engage in business and regularly made payments and other transfer of 

property to vendors and other parties, including the Defendant. 

4. Prior to the Petition Date, the Debtor and the Defendant engaged in one or more 

business transactions evidence by contracts, invoices, communications and/or other documents 

(collectively, the “Agreements”). 

5. On May 22, 2020, the Plaintiff initiated this adversary proceeding (the “Adversary 

Proceeding”) by filing a Complaint (the “Complaint”) [Docket No. 1] against the Defendant. 

The Complaint sought entry of an Order: 

(a) finding the Defendant to be in possession of a preferential transfer from the 

Debtor in the amount of $18,849.18; 

(b) finding such preferential transfer from the Debtor in the amount of 

$18,849.18 to be property of the Debtor and/or property of the Debtor’s 

bankruptcy estate; 

(c) Awarding the Trustee her costs and expenses incurred in connection with 

this Adversary Proceeding, including reasonable attorneys’ fees; and 

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6 

4851-9210-5157 

(d) Entering judgment in favor of the Trustee and against the Defendant 

pursuant to 11 U.S.C. §§ 547 and 550 and allow the Trustee on behalf of 

the Estate to avoid and recover the Preferential Transfers in an amount of 

not less than $18,849.18; 

(e) Awarding the Trustee prejudgment interest at the legally allowed applicable 

rate; 

(f) Requiring the Defendant to pay forthwith the amount of the Judgment; and 

(g) Granting the Trustee such other and further relief as the Bankruptcy Court 

deems just and proper. 

6. On May 26, 2020, the Clerk’s Office issued a Summons (the “Summons”) [Docket 

No. 2] in the Adversary Proceeding. 

7. On June 1, 2020, the Plaintiff filed a Certificate of Service of Summons and Notice 

in an Adversary Proceeding (the “Certificate of Service”) [Docket No. 3]. 

8. As more fully detailed in the Certificate of Service, on May 29, 2020, the Plaintiff 

effectuated service of the Summons and the Complaint on the Defendant by mail service, in 

accordance with Bankruptcy Rule 7004 [Docket No. 3]. 

9. The deadline for the Defendant to file a responsive pleading in the Adversary 

Proceeding was June 25, 2020. 

10. As of the date of this Motion, the Defendant has not filed any responsive pleadings 

in this Adversary Proceeding. Accordingly, the Defendant is in default. 

11. Thus, on or about August 26, 2020, the Plaintiff filed with the Court a Notice and 

Motion for Entry of Default [Docket No. 4] against the Defendant in accordance with Federal Rule 

55(a). 

12. On September 1, 2020, the Clerk’s Office entered default against the Defendant 

[Docket No. 5]. 

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7 

4851-9210-5157 

13. As a result of the Defendant’s default in this Adversary Proceeding, the Plaintiff is 

entitled to a default judgment by the Court: 

(a) finding the Defendant to be in possession of a preferential transfer from the 

Debtor in the amount of $18,849.18; 

(b) finding such preferential transfer from the Debtor in the amount of 

$18,849.18 to be property of the Debtor and/or property of the Debtor’s 

bankruptcy estate; 

(c) Awarding the Trustee her costs and expenses incurred in connection with 

this Adversary Proceeding, including reasonable attorneys’ fees; and 

(d) Entering judgment in favor of the Trustee and against the Defendant 

pursuant to 11 U.S.C. §§ 547 and 550 and allow the Trustee on behalf of 

the Estate to avoid and recover the Preferential Transfers in an amount of 

not less than $18,849.18; 

(e) Awarding the Trustee prejudgment interest at the legally allowed applicable 

rate; 

(f) Requiring the Defendant to pay forthwith the amount of the Judgment; and 

(g) Granting the Trustee such other and further relief as the Bankruptcy Court 

deems just and proper. 

WHEREFORE, the Plaintiff, by counsel, respectfully requests that the Court issue an 

Order substantially in the form of Exhibit B attached hereto and grant any other and further relief 

as the Court deems just and proper. 

Dated: November 20, 2020 Respectfully submitted, 

/s/ Brittany J. Nelson 

Erika L. Morabito (VSB No. 44369) 

Brittany J. Nelson (VSB No. 81734) 

Jack G. Haake (VSB No. 87590) 

FOLEY & LARDNER LLP 

3000 K Street, NW, Suite 600 

Washington, DC 20007-5109 

(202) 672-5300 (telephone) 

(202) 672-5399 (facsimile) 

bnelson@foley.com 

Counsel to Lynn L. Tavenner, Esq., Chapter 7 

Trustee of Estate of LeClairRyan PLLC 

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8 

4851-9210-5157 

CERTIFICATE OF SERVICE 

I hereby certify that on November 20, 2020, a copy of the foregoing Notice of Motion for 

Default Judgment was filed and served (a) via the Court’s Electronic Case Filing System on all 

parties receiving such notification and (b) via first-class mail to the parties listed below: 

Esquire Deposition Services, LLC 

c/o National Registered Agents, Inc. 

1209 Orange St. 

Wilmington, DE 19801 

Esquire Deposition Services, LLC 

Attn: Michael Jarvis 

25A Vreeland Rd., Ste. 200 

Florham Park, NJ 07932 

/s/ Brittany J. Nelson 

Brittany J. Nelson 

Case 20-03065-KRH Doc 6 Filed 11/20/20 Entered 11/20/20 10:24:10 Desc Main

Document Page 8 of 16
4851-9210-5157 

EXHIBIT A 

Affidavit of Counsel 

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Document Page 9 of 16
Erika L. Morabito (VSB No. 44369) 

Brittany J. Nelson (VSB No. 81734) 

Jack G. Haake (VSB No. 87590) 

FOLEY & LARDNER LLP 

3000 K Street, NW, Suite 600 

Washington, DC 20007-5109 

Telephone: (202) 672-5300 

Telecopy: (202) 672-5399) 

emorabito@foley.com

Counsel to Lynn L. Tavenner, Esq., 

Chapter 7 Trustee of Estate of LeClairRyan PLLC 

4851-9210-5157 

UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

In re: 

LeClairRyan PLLC, 

Debtor 

Case No.: 19-34574-KRH 

Chapter 7 

Lynn L. Tavenner, Chapter 7 Trustee, 

Plaintiff, 

vs. 

Esquire Deposition Services, LLC, 

Defendant. 

Adv. Pro. No.: 20-03065-KRH 

AFFIDAVIT OF COUNSEL WITH RESPECT TO DEFAULT OF DEFENDANT 

I, Brittany J. Nelson, Esquire, being first duly sworn, under penalty of perjury, do depose 

and state as follows: 

1. I am counsel for Lynn L. Tavenner, not individually, but solely in her capacity as 

the duly-appointed Chapter 7 trustee (the “Trustee” or herein “Plaintiff”) of the bankruptcy estate 

of LeClairRyan PLLC in the above-referenced Chapter 7 case, the plaintiff in the above-titled 

Adversary Proceeding against the defendant, Esquire Deposition Services, LLC (the 

“Defendant”). 

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11 

4851-9210-5157 

2. On May 22, 2020, the Plaintiff initiated this adversary proceeding (the “Adversary 

Proceeding”) by filing a Complaint (the “Complaint”) [Docket No. 1] against the Defendant. 

3. On May 26, 2020, the Clerk’s Office issued a Summons (the “Summons”) [Docket 

No. 2] in the Adversary Proceeding. 

4. On June 1, 2020, the Plaintiff filed a Certificate of Service of Summons and Notice 

in an Adversary Proceeding (the “Certificate of Service”) [Docket No. 3]. 

5. As more fully detailed in the Certificate of Service, on May 29, 2020, the Plaintiff 

effectuated service of the Summons and the Complaint on the Defendant by first-class U.S. mail, 

postage fully pre-paid, addressed to the Defendant’s registered agent, in accordance with 

Bankruptcy Rule 7004(b)(3) [Docket No. 3]. 

6. The deadline for the Defendant to file a responsive pleading in the Adversary 

Proceeding was June 25, 2020. 

7. As of the date of this Notice and Motion, the Defendant has not filed any responsive 

pleadings in this Adversary Proceeding. Accordingly, the Defendant is in default. 

8. Thus, on August 26, 2020, the Plaintiff filed with this Court a Notice and Motion 

for Entry of Default [Docket No. 4] against the Defendant in accordance with Federal Rule 55(a). 

9. On September 1, 2020, the Clerk’s Office entered default against the Defendant 

[Docket No. 5]. 

10. To the best of my knowledge and belief, as the Defendant is a corporate entity, it is 

not serving in active duty of the Armed Forces of the United States, and it not an infant or 

incompetent person. 

Further this affiant sayeth not. 

[Remainder of Page Intentionally Left Blank] 

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12 

4851-9210-5157 

Dated: November 20, 2020 Respectfully submitted, 

/s/ Brittany J. Nelson

Erika L. Morabito (VSB No. 44369) 

Brittany J. Nelson (VSB No. 81734) 

Jack G. Haake (VSB No. 87590) 

FOLEY & LARDNER LLP 

3000 K Street, NW, Suite 600 

Washington, DC 20007-5109 

(202) 672-5300 (telephone) 

(202) 672-5399 (facsimile) 

bnelson@foley.com 

Counsel to Lynn L. Tavenner, Esq., Chapter 7 

Trustee of Estate of LeClairRyan PLLC

Case 20-03065-KRH Doc 6 Filed 11/20/20 Entered 11/20/20 10:24:10 Desc Main

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4851-9210-5157 

EXHIBIT B 

Proposed Order

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Document Page 13 of 16
Erika L. Morabito (VSB No. 44369) 

Brittany J. Nelson (VSB No. 81734) 

Jack G. Haake (VSB No. 87590) 

FOLEY & LARDNER LLP 

3000 K Street, NW, Suite 600 

Washington, DC 20007-5109 

Telephone: (202) 672-5300 

Telecopy: (202) 672-5399) 

emorabito@foley.com

Counsel to Lynn L. Tavenner, Esq., 

Chapter 7 Trustee of Estate of LeClairRyan PLLC 

4851-9210-5157 

UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

In re: 

LeClairRyan PLLC, 

Debtor 

Case No.: 19-34574-KRH 

Chapter 7 

Lynn L. Tavenner, Chapter 7 Trustee, 

Plaintiff, 

vs. 

Esquire Deposition Services, LLC, 

Defendant. 

Adv. Pro. No.: 20-03065-KRH 

ORDER GRANTING MOTION FOR DEFAULT JUDGMENT 

On November 20, 2020, the Plaintiff, Lynn L. Tavenner, not individually, but solely in her 

capacity as the duly-appointed Chapter 7 trustee (the “Trustee” or herein “Plaintiff”) of the 

bankruptcy estate of LeClairRyan PLLC in the above-referenced Chapter 7 case, by her 

undersigned counsel, filed its Motion for Default Judgment (the “Motion”) against Esquire 

Deposition Services, LLC (the “Defendant”), in the above-captioned Adversary Proceeding. 

The Court, having considered the papers submitted by the Plaintiff, it appearing that due 

notice was given and that good cause exists to grant the relief sought in the Motion, it is hereby 

Case 20-03065-KRH Doc 6 Filed 11/20/20 Entered 11/20/20 10:24:10 Desc Main

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4851-9210-5157 

ADJUDGED, ORDERED, AND DECREED: 

1. The Motion is GRANTED. 

2. Default judgment is hereby entered in favor of the Plaintiff and against the 

Defendant in the above-captioned Adversary Proceeding and all relief sought by the Plaintiff 

therein is granted, including the following: 

(a) Judgment is entered in favor of the Plaintiff and against the Defendant in 

the amount of $18,849.18, with interest accruing from the date of the 

Complaint at the judgment rate of interest, which Judgment finds (i) the 

Defendant to be in possession of a preferential transfer from the Debtor in 

the total amount of $18,849.18; and (ii) that such preferential transfer from 

the Debtor in the amount of $18,849.18 to be property of the Debtor and/or 

property of the Debtor’s bankruptcy estate; 

(b) The Plaintiff is hereby awarded her costs and expenses incurred in 

connection with this Adversary Proceeding, including reasonable attorneys’ 

fees; and 

(c) The Defendant is hereby ordered to pay forthwith the amount of the 

Judgment. 

Dated: ___________________ 

Richmond, Virginia 

THE HONORABLE KEVIN R. HUENNEKENS 

UNITED STATES BANKRUPTCY JUDGE 

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4851-9210-5157 

WE ASK FOR THIS: 

/s/ Brittany J. Nelson 

Erika L. Morabito (VA. Bar No. 44369) 

Brittany J. Nelson (VA. Bar No. 81734) 

Foley & Lardner LLP 

3000 K Street, NW, Suite 600 

Washington, DC 20007-5109 

Telephone: (202) 672-5300 

Special Counsel to Lynn L. Tavenner, Esq., the 

Chapter 7 Trustee of Estate of LeClairRyan PLLC 

CERTIFICATION OF ENDORSEMENT 

UNDER LOCAL BANKRUPTCY RULE 9022-1(C) 

Pursuant to Local Bankruptcy Rule 9022-1(C), I hereby certify that the foregoing proposed 

order has been endorsed by or served upon all necessary parties. 

 /s/ Brittany J. Nelson

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