STATE OF RIDGEWAY
SUPERIOR COURT
ARTHUR_CHEN;
Plaintiff(s);
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DEVMIX;
Defendant(s).
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Case No.: RSC-CV-2157
MOTION FOR DEFAULT JUDGMENT
Presiding Judge: Hon. EnforcementBeyond
MOTION FOR DEFAULT JUDGMENT
I. The Parties to This Motion
A. The Plaintiff(s)
1. The Plaintiff is ARTHUR_CHEN, a sworn Sheriff’s Deputy of the Ridgeway
County Sheriff’s Office and a citizen of the State of Ridgeway.
B. The Defendant(s)
1. The Defendant is DEVMIX, a citizen of the State of Ridgeway.
II. Motion for Default Judgment
COME NOW, Defendant, in the above case style and docket, who respectfully asks the
Court to issue default judgment in favor of the plaintiff in accordance with Rid. R. Civ. P.
37.
1. On or about the 20th day of January 4th, 2023 at 1604 hours EST, Defendant was
summoned by Plaintiff and ordered to appear within five days after service of the
summons to answer for the allegations brought forth in the civil complaint.
2. On or about the 20th day of September, 2023 at 1952 hours EST, the Defendant
appeared and this honorable court ordered Defendant to respond to Plaintiff's civil
complaint within 48 hours. Defendant, as of this filing, have yet to do so, having it
be past the given deadline.
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MOTION FOR DEFAULT JUDGMENT
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3. Instead of complying with the court’s order, Defendant decided to repeatedly use
both vulgar and inappropriate language towards the court and the Plaintiff.
4. The defendant, after being held in contempt and sanctioned, was removed from the
case channel and admonished by the court. The court affirmed that “the defendant
hasn't entered an answer to the civil complaint” and “...he has five days to get
himself together, file one, or the case may go to default.”Plaintiff then stated the
exact date and time in which he would be requesting default judgment should the
Defendant fail to act.
5. Defendant has had more than enough time to submit their responses to the civil
complaint and address and plead to the torts accused.
6. Default judgment is appropriate “when a party wilfully disregards pending
litigation.” Yong-Qian Sun v. Board of Trustees of the University of Illinois, 473
F.3d 799 (7th Cir. 2007). Disregarding litigation can take the form of failing to
appear in court or otherwise defend an action, and is always grounds for default
judgment. See United States v. $23,000 in U.S. Currency, 356 F.3d 157 (D.C. Cir.
2004).
7. DEVMIX was lawfully and appropriately summoned and given a strict deadline to
appear. When he did appear, and failed to meet the deadline that the Rid. R. Civ. P.
assign and this court reminded him of, default judgment is an appropriate remedy.
See In re O'Connor, 862 F.2d 1552 (D.C. Cir. 1988). (“A party's failure to appear
in an action after being properly served with process subjects that party to a
default judgment.”)
8. Rid. R. Civ. P. 37 commands that default judgment be entered “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..” As aforementioned, the
defense has failed to respond to and adhere to the deadlines imposed by the court,
and thereby entitling the plaintiff to collect default judgment.
III. Relief
WHEREFORE, Plaintiff prays for default judgment, against Defendant, for the total and
complete amount demanded in the plaintiff’s civil complaint:
1. To order the payment of $5000, by the Defendant to the Plaintiff for punitive
damages;
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MOTION FOR DEFAULT JUDGMENT
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2. To order the payment of $1,000 in for attorney’s and court filing fees by the
Defendant;
3. To provide a judgment from this court providing that the Defendant violated the
laws of the State of Ridgeway;
4. For such or other reliefs as the court may deem just and proper.
DATED: January 25th, 2023
Respectfully submitted,
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Cpl. Arthur_Chen, RCSO
Rid. Bar. No. 20104
Plaintiff
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MOTION FOR DEFAULT JUDGMENT
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