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STATE OF RIDGEWAY
BETATHEWOLFGAMER
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DOCKET NO. RSC-CV-315
Plaintiff
v.
BRENTABOY
Defendant
MOTION FOR DEFAULT JUDGMENT
Plaintiff BetaTheWolfGamer submits, through counsel, that this case should be decided in default in
favor of the plaintiff.
I. DEFENDANT FAILED TO PLEA BY THE DEADLINE ESTABLISHED BY THIS COURT
On May 8th, 2022, at 6:41 PM EST, this court established a clear deadline in the proceeding
communications channel that the pleading was expected within 24 hours. The opposing counsel was
notified of this deadline via a ping. As of the writing of this motion, however, it is 8:09 PM EST on May
9th, 2022, and no pleading has been submitted. According to Rule 37 of the Rules of Civil Procedure,
“When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise
defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk
shall enter his default.”
I. DEFENDANT’S FAILURE TO PLEA CANNOT BE ATTRIBUTED TO ANY DUE ACTION
OR INACTION BY THE PLAINTIFF
The defendant asserts in his motion to dismiss that they are unable to make a pleading due to our
failure to produce the requested evidence by the motion for discovery. However, as discussed in our
response to the motion to dismiss, the motion for discovery was not properly served upon us, and the
motion was never approved by this court. The fact that the motion for discovery was never served upon
us violates the Rules of Civil Procedure, and so the defendant’s failure to receive requested evidence is
wholly attributable to the failure of the defendant in serving the motion for discovery. Therefore, the
defendant’s failure to plea by the deadline set by this court cannot be excused by the defendant’s failure
to receive the requested evidence.
II. CONCLUSION
As a result, we submit that this case should be decided in default in our favor.
Respectfully Submitted,
Plaintiff BetaTheWolfGamer
By their Attorney,
/s/ frostbleed
frostbleed, RSB#17103
Document record
File size
94.6 KB
Uploaded
Apr 29, 2022 12:00 PM
Filed
Apr 29, 2022 12:00 PM
Filing code
COMPLAINT
Uploaded by
betathewolfgamer
Notes
beta-v-brent-may9-22-mdj.pdf — archived from the Trello docket (https://trello.com/c/keS1ztbR)
