Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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SUPERIOR COURT OF THE STATE OF RIDGEWAY CITATION: BetaTheWolfGamer v. Mxrlsx, 2022 RSC 657 DATE OF JUDGEMENT: September 13, 2022 BETWEEN: BetaTheWolfGamer Plaintiff and Mxrlsx Defendant REASONS FOR DEFAULT ORDER OF THE HONOURABLE JUDGE KOALAMEDVEDEVA I. Chronology [1] The chronology of this matter is as follows: • September 5, 2022: Complaint is filed. • September 7, 2022: Summons is served upon the defendant. 5 days allocated for an answer to the Complaint. • September 12, 2022: Defendant fails to file an answer to the Complaint before the deadline. Plaintiff applies for a default order under Rule 37. II. Default Order [2] Rule 37(a) of the Ridgeway Rules of Civil Procedure provides: “When a party against whom a judgement 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.” [3] Defendant did appear but have not plead within or beyond the 5 days allotted to them for that purpose. [4] Given these circumstances, I am satisfied that plaintiff is entitled to a default order under Rule 37 and will enter the defendant’s default on both causes of action and, for the purposes of these proceedings, assume all allegations in the Complaint as true and that defendant is liable and concede the allegations as true. [5] Defendant is therefore found to be liable of assault and battery. III. Relief [6] Rule 36(c) of the Ridgeway Rules of Civil Procedure provides: “A judgment by default shall not be different in kind from that prayed for in the demand for judgment.” [7] Consistent with the rules and the computation of damages offered by the plaintiff, I will award BetaTheWolfGamer: • $2000 in punitive damages with respect to the first cause of action, assault. • $2000 in punitive damages with respect to the second cause of action, battery. [8] Plaintiff is not entitled to special and non-pecuniary damages under the Civil Claims Act; there will be no award in those damages. [9] Mxrlsx is directed to pay BetaTheWolfGamer $4000 as a result of his default in this action on or before September 20, 2022. IV. Setting Aside Default [10] Notwithstanding any stipulations in this part, all judgements and orders contained within this ruling are effective immediately unless otherwise provided. [11] Defendant may apply to set aside this default order if they substantially comply with the summons, appear in chambers to provide an acceptable reason for failing to plead, and file an answer to the Complaint on or before September 15, 2022. Dated at the City of Palmer, in the State of Ridgeway this 13th day of September, 2022. “koalaMedvedeva” Judge koalaMedvedeva Counsel for the plaintiff BetaTheWolfGamer: DorkJacob, Ridgeway.

MotionRuling_RSC-CV-657_2140-091322.pdf

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