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RIDGEWAY SUPERIOR COURT
FOR THE COUNTY OF RIDGEWAY
JAMESGARDAI,
Plaintiff,
v.
ZONED_JJ,
Defendants.
Action No. RSC-CV-0853
MOTION TO SET ASIDE ENTRY OF DEFAULT
Counter-Defendant JamesGardai (“Defendant Gardai”), proceeding in pro per,
pursuant to Rid. R. Civ. P. 37(c), respectfully move the court to set aside the entry of
default for good cause shown, and states as follows in support:
1. Defendant Gardai was not culpable for the default because he possessed a
reasonable belief that the countersuit had not been served..
2. Defendant Gardai has several meritorious defenses, and avers that the
plaintiff has failed to state a claim, that the court lacks personal jurisdiction, that he is
entitled to qualified immunity, and that his conduct is otherwise objectively reasonable.
3. Courts liberally set aside default because it is not in the interest of justice to
decide a case without ruling on the specific merits.
4. Counter-Plaintiff would not be prejudiced by setting aside default, and
delay does not suffice as to prove prejudice.
5. A proposed order is attached.
Dated: April 25, 2026
Palmer, Ridgeway Respectfully submitted,
/s/ JamesGardai
JamesGadai
HOUSE OF GARDAI
2 Jackson Road
Palmer, Ridgeway 90025
(123) 456-7890
[email protected]
RIDGEWAY SUPERIOR COURT
FOR THE COUNTY OF RIDGEWAY
JAMESGARDAI,
Plaintiff,
v.
ZONED_JJ,
Defendants.
Action No. RSC-CV-0853
[PROPOSED] ORDER
UPON CONSIDERATION of Counter-Defendant’s Motion to Set Aside Default,
and good cause appearing, it is this __ of ________, 2026, by the Superior Court of
Ridgeway for Ridgeway County:
ORDERED that Counter-Defendant’s Motion to Set Aside Default is GRANTED;
and it is
FURTHER ORDERED that the entry of default as to each defendant is SET
ASIDE for good cause shown; and it is
FURTHER ORDERED that service of process is QUASHED and shall be
perfected under the applicable laws and rules; and it is
FURTHER ORDERED that Counter-Defendant shall cause to be filed a
responsive pleading in the time allotted by the applicable laws and rules.
/s/
Superior Court Judge
