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SUPERIOR COURT OF THE STATE OF RIDGEWAY
CITATION: reachmasterable v. midfoley,
RSC-CV-843
DATE OF JUDGEMENT:
January 20, 2023
BETWEEN:
reachmasterable
Plaintiff
and
midfoley
Defendant
REASONS FOR DEFAULT ORDER
OF THE
HONOURABLE JUDGE KOALA4IIFE
I. Chronology
[1] The chronology of this matter is as follows:
• January 2, 2023: Complaint is filed. Summons is served upon the
defendant by counsel for the plaintiff. 5 days allocated for an answer to
the Complaint.
• January 9, 2023: Defendant fails to file an answer to the Complaint before
the deadline. A default order is entered by Judge Hecxtro. The default
order is set aside pending settlement.
• January 19, 2023: Defendant abandons settlement and consents to
reinstatement of default order. Default order is reinstated.
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 not appear or 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 reinstate the defendant’s default on all 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 wrongful death.
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, the amount agreed upon, and the computation of
damages offered by the plaintiff, I will award reachmasterable:
• $5000.00 in punitive and compensatory damages in total.
[8] midfoley is directed to pay reachmasterable $5000.00 as a result of his default
in this action on or before January 28, 2023.
IV. Setting Aside Default
[9] Notwithstanding any stipulations in this part, all judgements and orders
contained within this ruling are effective immediately unless otherwise provided.
[10] Defendant may apply to set aside this default order by the filing of an answer
to the Complaint on or before January 21, 2023.
Dated at the City of Palmer, in the State of Ridgeway this 20th day of January, 2023.
“koala4Iife”
Judge koala4Iife
Counsel for the plaintiff reachmasterable: natrix368, Ridgeway.
Document record
File size
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Uploaded
Jan 2, 2023 12:00 PM
Filed
Jan 2, 2023 12:00 PM
Filing code
COMPLAINT
Uploaded by
reachmasterable
Notes
Ruling_RSC-CV-842_2339-012023.pdf — archived from the Trello docket (https://trello.com/c/Wo2eXHmq)
