Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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SUPERIOR COURT OF THE STATE OF RIDGEWAY CITATION: removelungs v. PeakEffect, 2022 RSC 678 DATE OF JUDGEMENT: October 22, 2022 BETWEEN: removelungs Plaintiff and PeakEffect Defendant REASONS FOR DEFAULT ORDER OF THE HONOURABLE JUDGE KOALAMEDVEDEVA I. Chronology [1] The chronology of this matter is as follows: • September 20, 2022: Complaint is filed and served upon the defendant. Summons was also delivered to the defendant. Solicitor General’s Office intervenes. September 27, 2022 set as deadline to answer Complaint. • September 21, 2022: Leave to amend Complaint is allowed. Deadline to answer amended to September 28, 2022. • September 24, 2022: Motion to dismiss filed. • September 25, 2022: Motion to dismiss second cause of action denied. First and third causes of action dismissed. Defendant directed to answer the Complaint as to second cause of action on or before September 27, 2022. • September 30, 2022: Leave to amend Complaint is allowed. • October 21, 2022: Defendant fails to file an answer to the Complaint before the deadline. Plaintiff applies for a default order under Rule 37. II. The Complaint and Computation of Damages [2] Plaintiff removelungs filed an action against the PeakEffect on the cause of official misconduct for which the Civil Claims Act permits an award of up to $3000 in punitive damages and no limit in compensatory damages. [3] Plaintiff removelungs submitted computation of damages, which I accept. III. Default Order [4] Rule 37 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.” [5] I am satisfied that plaintiff is entitled to a default order under Rule 37 and will enter the defendant’s default. IV. Award [6] I will award plaintiff non-pecuniary damages in the amount of $3000 and punitive damages in the amount of $1000 for a total award of $4000.00 to be paid by PeakEffect on or before October 29, 2022. V. Setting Aside Default [7] Defendant may not apply to set aside this default order. Dated at the City of Palmer, in the State of Ridgeway this 22nd day of October, 2022. “koalaMedvedeva” Judge koalaMedvedeva Counsel for the plaintiff removelungs: DorkJacob, Ridgeway. Counsel for the defendant PeakEffect: AZAD9L and RyanJSyndicate, Ridgeway.

MotionRuling_RSC-CV-678_1949-102222.pdf

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