IN THE SUPERIOR COURT OF THE STATE OF RIDGEWAY
IN AND FOR THE COUNTY OF RIDGEWAY
ARTHUR_CHEN
Plaintiff,
v.
DEVMIX,
Defendants.
___________________________/
CIVIL DIVISION
CASE NO.: 01-2024-CV-002157-F017
JUDGE ENFORCEMENTBEYOND
ORDER ON PLAINTIFF’S MOTION FOR
DEFAULT JUDGMENT
THIS MATTER came before the Court on Plaintiff, Arthur_Chen’s (“Chen”) Motion for
Default Judgment. The plaintiff has entered a civil complaint against Defendant DevMix (“Mix”)
and served upon him a summons. The defendant appeared before the Court on January 20, 2024,
at which time he was afforded the opportunity to appear with an attorney and submit an answer
to the Plaintiff’s Civil Complaint. The defendant declined to submit an answer and was
sanctioned on three occasions for unruly court behavior. On January 25, 2024, the Plaintiff
submitted the Motion, the Defendant did not re-appear before the Court as of the date of the
Order being entered. Based upon the foregoing, Chen’s Motion is GRANTED, for the reasons
explained below.
I. BACKGROUND
Plaintiff is a state law enforcement officer serving within the Ridgeway County Sheriff’s
Office. Pursuant to his duties as a law enforcement officer, Chen patrols the County of
Ridgeway. Plaintiff encountered a maroon-colored sedan and a purple vehicle positioned at the
rear of the Ridgeway County Sheriff’s Office Headquarters, on a service road. As such an area is
prohibited, the Plaintiff instructed those occupying the vehicles that the area was restricted to
emergency vehicles only, requiring that they exit the restricted zone.
Defendant affirmed that he would leave the restricted zone before exiting his vehicle
discharging a rifle at the Plaintiff, subsequently causing his death. According to the Plaintiff, the
Defendant employed the use of a Stetson M2-A automatic rifle which was used to cause his
death.
Plaintiff sued, alleging wrongful death. Plaintiff also seeks restitution and attorneys fees.
Defendant was served with a summons on January 20, 2024, to which he responded by declining
to submit an answer to the Plaintiff’s Civil Complaint. Defendant engaged in a pattern of explicit
language directed towards the Plaintiff and the Court, causing him to be sanctioned on three
separate occasions to an amount of $2,000.00. The Clerk entered a default against Defendant,
and Plaintiff now brings the Motion for Default Judgment.
II. LEGAL STANDARD
According to Ridgeway Rule of Civil Procedure 37(a), parties may move to obtain
default judgment. Such rule states:
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.
The Rules of Civil Procedure are directly modeled after those of the Commonwealth of
Massachusetts, which itself modeled their rules from the Federal Rules of Civil Procedure.
Resultantly, the Ridgeway Rules of Civil Procedure closely mirror those of the Federal Rules of
Civil Procedure.
Courts use a three-step analysis to determine if a party can secure a default judgment. See
N.Y. Life Ins. Co. v. Brown, 84 F.3d 137, 141 (5th Cir. 1996). A party must first fail to respond or
otherwise defend against an action. An entry of default must then be entered when the default is
established by affidavit or otherwise. A party must then apply to the court for a default judgment
after the clerk’s entry of default.
III. ANALYSIS
Plaintiff meets all three requirements to qualify for a default judgment. Defendant
declined to answer or otherwise respond against Plaintiff’s Complaint. An entry of default was
entered by this Court on the behalf of the Clerk of the Court, and such request was supported by
an affidavit supporting default judgment. Plaintiff has moved to receive a default judgment after
the Court’s date authorizing default judgment motions. The decision to enter a default judgment
is discretionary, as is supported in Lindsey v. Prive Corp., 161 F.3d 886, 893 (5th Cir. 1998).
IV. CONCLUSION
Accordingly, the Court concludes that Plaintiff is entitled to default judgment against
Defendant as to liability, damages, sanctions, and attorney’s fees. The Court therefore GRANTS
Plaintiff’s Motion for Default Judgment. The Court further ORDERS that Plaintiff is entitled to
be awarded damages in the amount of $5,000.00 plus reasonable attorney’s fees in the amount of
$125.00, and sanctions incurred in the prosecution of this action in the amount of $2,000.00.
SO ORDERED, ADJUDGED, AND DECREED in chambers in Milton, Ridgeway
County, Ridgeway, this 29th day of January, 2024.
ENFORCEMENTBEYOND
CHIEF JUSTICE
Copies to:
Arthur_Chen, Plaintiff
Clerk of the Court
IN THE SUPERIOR COURT OF THE STATE OF RIDGEWAY
IN AND FOR THE COUNTY OF RIDGEWAY
ARTHUR_CHEN
Plaintiff,
v.
DEVMIX,
Defendants.
___________________________/
CIVIL DIVISION
CASE NO.: 01-2024-CV-002157-F017
JUDGE ENFORCEMENTBEYOND
FINAL JUDGMENT
In accordance with Ridgeway Rule of Civil Procedure 40 and this Court’s order dated the
same day, the Court enters this Final Judgment that this case is DISMISSED with prejudice.
SO ORDERED, ADJUDGED, AND DECREED in chambers in Milton, Ridgeway
County, Ridgeway, this 29th day of January, 2024.
ENFORCEMENTBEYOND
CHIEF JUSTICE
Copies to:
Arthur_Chen, Plaintiff
Clerk of the Court
