SUPERIOR COURT OF THE STATE OF RIDGEWAY
CITATION: supsunny99 v. beatspill,
RSC-CV-874
DATE OF JUDGEMENT:
February 19, 2023
BETWEEN:
supsunny99
Plaintiff
and
beatspill
Defendant
REASONS FOR DEFAULT ORDER
OF THE
HONOURABLE JUDGE KOALA4IIFE
I. Chronology
[1] The chronology of this matter is as follows:
• January 20, 2023: Complaint is filed.
• February 5, 2023: Summons is served by publication on R-SPAN and is
accepted as service; 5 days allotted to appear.
• February 10, 2023: Summons is served upon the defendant in-person;
appearance ordered immediately; 5 days allotted to answer.
• February 14, 2023: Defendant appears.
• February 16, 2023: Defendant fails to answer.
• February 18, 2023: Default order entered by Magistrate Judge
insertreality.
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 six causes of wrongful death and
one cause of assault.
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.”
Accordingly, I modify the previous default order entered by Magistrate Judge
insertreality and replace it with this order.
[7] Consistent with the rules, the amount agreed upon, and the computation of
damages offered by the plaintiff, I will award supsunny99:
• $16500.00 in punitive and compensatory damages in total, and
• $6240.00 in costs.
[8] beatspill is directed to pay supsunny99 $22740.00 as a result of his default in
this action pursuant to the following payment plan:
• The first $5000.00 to be paid by February 26, 2023;
• Another $5000.00, in addition to any outstanding amount, for a total of
up to $10000.00, to be paid by March 5, 2023;
• Another $5000.00, in addition to any outstanding amount, for a total of
up to $15000.00, to be paid by March 12, 2023;
• Another $5000.00, in addition to any outstanding amount, for a total of
up to $20000.00, to be paid by March 19, 2023; and
• Another $2740.00, in addition to any outstanding amount, for a total of
up to $22740.00, to be paid by March 26, 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 not apply to set aside this default order.
Dated at the City of Palmer, in the State of Ridgeway this 19th day of February, 2023.
“koala4Iife”
Judge koala4Iife
Counsel for the plaintiff supsunny99: kafkadelrey and stickza, Ridgeway.
