'Unlucky's Luck Has Run Out': Fed. Judges Issues Default After Plaintiff's 6th Attorney Leaves Documentary Dispute

What happens when a gritty true-crime tale of wrongful conviction spirals into its own courtroom thriller—complete with six fleeing lawyers and a judge’s mic-drop rebuke? In a scathing ruling that’s equal parts exasperation and finality, a Michigan federal judge just slammed the gavel on Unlucky Films Inc., ending a 22-month saga over a stalled documentary project.

The federal default judgment Michigan courtroom erupted on October 23, 2025, when U.S. District Judge Terrence G. Berg ordered the clerk to enter a default against Unlucky Films Inc. in its breach-of-contract suit against Red Hawk Films Inc., capping a string of attorney withdrawals lawsuit debacles that left the plaintiff unrepresented and the case in tatters. At the heart of the documentary film dispute: Unlucky hired Red Hawk in 2021 to produce “Unlucky,” a feature-length doc chronicling Anthony Broadwater’s harrowing exoneration after 16 years behind bars for a rape he didn’t commit—a story that also inspired the 2021 film “Marshall” starring Chadwick Boseman. Filed January 19, 2024, in the Eastern District of Michigan, Unlucky’s complaint accused Red Hawk of breaching a production services agreement, fiduciary duties, and sought declaratory relief amid counterclaims from the defendant. What started as an “emergency” push for a speedy trial devolved into procedural chaos, with pretrial dates scrapped and a bench trial axed.

The plaintiff’s revolving door of counsel tells the tale of woe: Over 22 months, Unlucky cycled through six law firms, each bailing primarily over unpaid fees and irreparable breakdowns. Howard & Howard kicked off the complaint but quickly exited; Augustine O. Igwe P.C. lasted weeks before citing nonpayment; Rossman P.C., Traverse Legal PLC, and Evia Law PLC followed suit with similar gripes, despite court warnings. The sixth, solo practitioner Richard M. Shulman, entered in July 2025 only to move for withdrawal by October, triggering Judge Berg’s patience to snap. As Berg wrote, “Unlucky has been stringing this case along for almost two years by repeatedly failing to pay the attorneys it hired to prosecute its case.” Corporate plaintiffs like Unlucky can’t self-represent in federal court—a Sixth Circuit staple—so the defaults stem from failure to prosecute under Rule 41(b) and defend under Rule 55(a).

Berg’s 12-page order dissects the mess with Schafer factors: willful fault in dodging payments, prejudice to Red Hawk via endless delays, ample prior warnings (including July 2025 hearings where owner Timothy Mucciante promised fixes), and exhausted lesser sanctions like admonishments. The kicker? “To the extent that Unlucky has been gambling on the Court to once again allow it to delay the case by not failing to pay its lawyer, it is fair to say that Unlucky’s luck has run out.” Unlucky’s claims got dismissed outright, while Red Hawk’s motion for default judgment was denied as moot—for now—with leave to refile by October 31, potentially nailing Unlucky with damages.

Legal circles are abuzz with schadenfreude-tinged analysis. Law.com reporters dubbed it a “cautionary tale for indie producers,” noting how funding woes can torpedo even compelling projects like Broadwater’s redemption arc. IP attorneys at Reuters warn it spotlights risks in docu-drama deals, where passion projects meet cold contracts. Broader chatter on legal forums echoes frustration over “lawyer-hopping” tactics, with one Michigan Bar insider calling it “textbook abuse of process.” No celeb outcry yet from Broadwater’s camp, but the exoneree’s prior HBO feature hints at alternative outlets for his story.

For U.S. readers, this federal default judgment Michigan saga underscores gritty realities in indie filmmaking and small-business litigation. Economically, it spotlights cash-strapped creators’ pitfalls—Unlucky’s implosion could chill investments in true-crime docs, a $2 billion genre boom fueled by Netflix and Hulu, while hiking insurance premiums for production pacts. Lifestyle angle? Aspiring filmmakers take note: Secure funding upfront or risk your “unlucky” streak becoming legend. Tech ties in via streaming rights battles, aligning with FCC pushes for fair content deals. Politically, it nods to justice reform—Broadwater’s tale amplifies wrongful conviction advocacy amid Biden’s clemency wave—yet shows how civil suits can derail narratives before they hit screens.

As Red Hawk eyes damages and Unlucky licks its wounds, this attorney withdrawals lawsuit fiasco leaves “Unlucky” in limbo, a poignant irony for a film about beating the odds. Could an appeal resurrect the reel, or is the curtain call final? Hollywood’s watching.

By Sam Michael

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