1

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

HARTFORD FIRE INSURANCE CO., 

Plaintiff,

v. Civil Action No. 16-285 (JDB)

VISTA CONTRACTING, INC., et al.

 Defendants.

MEMORANDUM OPINION

Plaintiff Hartford Fire Insurance Co. (Hartford) files this motion for default judgment under 

Federal Rule of Civil Procedure 55(b)(2) against Vista Contracting, Inc., in this breach of contract 

case. After Vista Contracting failed to appear or in any way respond to plaintiff’s complaint, the 

clerk entered default under Federal Rule of Civil Procedure 55(a). Given that Vista has not

appeared or given any indication that it intends to defend against this suit, the Court will grant 

plaintiff’s motion and award damages in the amount of $131,233.06.

BACKGROUND

The following facts are according to Hartford’s complaint, and are taken as true for the 

purposes of liability. See Thomson v. Wooster, 114 U.S. 104, 111 (1885) (plaintiff’s claims taken 

as true after entry of default); City of New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114, 137 

(2d Cir. 2011) (same). Hartford is an insurance company that underwrote surety bonds for Vista, 

a general contractor. Compl. [ECF No. 1] ¶ 4. Vista and its owner, Stjepan Sostaric, and his thenspouse, Nancy Sostaric, each entered into General Indemnity Agreements with Hartford in 

exchange for the surety bonds. Id. ¶¶ 6–7. The Indemnity Agreements required that the 

indemnitors (that is, Vista, Stjepan, and Nancy) “indemnify, exonerate and hold Hartford harmless 
2

from and against all Loss, claims, demands, liabilities, suits and causes of action which are in any 

way related to any Underwriting activities, Bonds or this Agreement.” Gen. Indem. Agreement 

[ECF No. 1-1] ¶ 5; Compl. ¶ 13. The Agreement defines “Loss” as

all manner of losses, costs, expenses or fees of any kind . . . which are paid . . . by Hartford 

as a result of or in any way relating to the entering into and enforcement of this Agreement 

or the Underwriting of any Bonds. Loss shall include, without limitation, any and all 

expenditure relating to Hartford’s financial investigations, claim investigations, claim 

payments, payments to discharge liability and Bond related litigation of any nature[.]

Gen. Indem. Agreement ¶ 1(e). The Agreement also states that all indemnitors are jointly and 

severally liable. Id. ¶ 14.

Hartford is incorporated in Connecticut, with its principal place of business there as well. 

Compl. ¶ 4. Vista is incorporated in the District of Columbia, with its principal place of business 

in Virginia. Id. ¶ 5. Stjepan is a resident of Virginia. Id. ¶ 6. Nancy is a resident of the District 

of Columbia. Id. ¶ 7. 

Vista was awarded one construction contract with the Bureau of Engraving and Printing

and another with Virginia Railway Express. Id. ¶¶ 19, 21. Hartford furnished Vista with 

performance bonds for both of these contracts. Id. At the time the complaint was first filed in 

February 2016, Hartford had incurred $111,389 in losses related to the bonds on those projects, 

and estimated it would incur another $76,979. Id. ¶¶ 58, 59. Hartford failed in its attempts to 

collect this amount from the indemnitors, and therefore initiated this action. Id. ¶¶ 48–53.

This complaint was filed and properly served on the defendants in February 2016. Stjepan 

timely answered the complaint and continues to defend against these claims. See Stjepan’s Ans. 

[ECF No. 5]. Nancy filed an answer and informed the Court and plaintiff of her ongoing 

bankruptcy proceedings. See Nancy’s Ans. [ECF No. 10]. Vista, however, did not answer the 

complaint or otherwise communicate with plaintiff or the Court. Hartford then moved for entry 
3

of default by the clerk under Rule 55(a) and entry of default judgment by the court under 55(b)(2). 

See Default Mot. [ECF No. 9]. The clerk entered default on April 5, 2016. See Entry of Default 

[ECF No. 11]. 

In August 2016, Hartford filed a supplemental brief in support of its motion for default 

judgment, updating Vista’s liability amount: Hartford states that Vista is liable for $131,233.06 

plus interest and attorney’s fees. See Supp. to Default Mot. [ECF No. 15] ¶ 13. Hartford states 

that it has “paid $343,109.63 to resolve various claims made on the payment bonds” issued for the 

two construction projects. Id. ¶ 12(b). It recovered $250,701.34 in contract payment to offset that 

amount. Id. ¶ 12(c). Hartford asserts that it further incurred $7,321.12 in legal expenses regarding 

a suit from another company on one of Vista’s projects, and $31,503.66 in legal expenses pursuing 

recovery from the indemnitors, as of July 31, 2016. Id. ¶ 12(d), (e). Thus, according to Hartford, 

Vista is liable for $131,233.06 plus interest and attorney’s fees since that date. Id. ¶ 13.

DISCUSSION

A. Liability

Federal Rule of Civil Procedure 55(a) provides that a clerk of the court must enter default 

when “a party against whom judgment for affirmative relief is sought has failed to plead or 

otherwise defend, and that failure is shown by affidavit or otherwise.” Fed. R. Civ. P. 55(a). After 

the clerk has entered default, the court may enter a default judgment under Rule 55(b)(2). 

Although default judgments are disfavored, they are appropriate when a party has entirely failed 

to defend against a complaint. See Jackson v. Beech, 636 F.2d 831, 835–36 (D.C. Cir. 1980). 

“The determination of whether default judgment is appropriate is committed to the discretion of 

the trial court.” Int’l Painters & Allied Trades Indus. Pension Fund v. Auxier Drywall, LLC, 531 

F. Supp. 2d 56, 57 (D.D.C. 2008) (citing Jackson, 636 F.2d at 836). Once default is entered by the 
4

clerk, the court assumes that all allegations in the well-pleaded complaint are true for the purpose 

of determining whether to enter default judgment. See Thomson, 114 U.S. at 111; Mickalis Pawn 

Shop, LLC, 645 F.3d at 137. 

Here, Vista has been entirely unresponsive to the complaint. It has not filed any answer in 

court, nor has it informally reached out to the plaintiff. Cf. H.F. Livermore Corp. v. 

Aktiengesellschaft Gebruder Loepfe, 432 F.2d 689, 691 (D.C. Cir. 1970) (per curiam) (discussing 

the additional notice requirements that might be applicable to a defendant who does not respond 

to a complaint but who does communicate with the plaintiff indicating an intent to defend against 

the suit). Moreover, the allegations of the complaint, if taken as true, are sufficient to establish 

Vista’s liability. Hartford alleges that Vista was contractually obligated to indemnify Hartford 

against any claims on the bonds, and that Vista failed to do so after Hartford made a proper request. 

See generally Compl. Hence, default judgment is proper. See H.F. Livermore Corp., 432 F.2d at 

691; Serv. Emps. Int’l Union Nat’l Pension Fund v. Glenn’s Bldg. Servs., Inc., CA No. 14-1942 

(JDB), 2016 WL 1452328, at *1 (D.D.C. Apr. 13, 2016). 

B. Damages

Entering default judgment establishes Vista’s liability, but it does not address the proper 

amount of damages. The Court has an obligation to assess damages independently. See SEC v. 

Mgmt. Dynamics, Inc., 515 F.2d 801, 814 (2d Cir. 1975); Serv. Emps. Int’l Union v. Glenn’s Bldg. 

Servs., Inc., CA No. 14-1942 (JDB), 2016 WL 4132192, at *1 (D.D.C. Aug. 3, 2016). The Court 

may rely on affidavits or documentary evidence, and need not hold a hearing to determine the 

proper amount. Serv. Emps. Int’l Union, 2016 WL 4132192, at *1; see also Transatlantic Marine 

Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105, 111 (2d Cir. 1997). Furthermore, the 

Court may enter default judgment against one defendant and not others, as long as the nature of 
5

the claim is not such that “as a matter of law, no one defendant may be liable unless all defendants 

are liable.” Carter v. District of Columbia, 795 F.2d 116, 137 (D.C. Cir. 1986) (quoting 6 J. Moore, 

Moore's Federal Practice ¶ 55.06, at 55–38 to 55–39 (2d ed. 1985)); see also Frow v. De La Vega, 

82 U.S. (15 Wall) 552 (1872) (declining to enter default judgment against one defendant in joint 

conspiracy suit). 

Here, Hartford has presented a declaration from the manager of its Bond Claims 

Department attesting to the amount it paid on each of the Vista bonds. See Thomas Decl. [ECF 

No. 15-1]. It also presents a copy of the projects’ accounting documents reflecting those same 

payments. See Virginia Railway Express Account [ECF No. 15-2, Ex. 2]; Bureau of Engraving 

and Printing Account [ECF No. 15-2, Ex. 3]. In addition, Hartford provides numerous other bank 

records, affidavits, and settlement agreements supporting each element of the claimed amount. 

See Supp. to Default Mot., Exhibits [ECF No. 15-2, Exs. 4–19]. Finally, it presents invoices for 

the legal expenses it incurred litigating other claims on the bonds and this claim against the 

indemnitors. See Supp. to Default Mot. Exhibits [ECF No. 15-2, Exs. 15–24]. This evidence is 

sufficient to support a determination that Vista is liable for the $131,233.06 (as of July 31, 2016)

that Hartford requests. See Flynn v. Jocanz, Inc., 480 F. Supp. 2d 218, 220 (D.D.C. 2007). 

CONCLUSION

For these reasons, Hartford’s motion for entry of default judgment against defendant Vista 

Contracting will be granted and defendant Vista Contracting will be ordered to pay damages in the 

amount of $131,233.06. A separate order has been issued on this date.

 /s/ 

 JOHN D. BATES 

 United States District Judge

Dated: November 22, 2016