IN THE SUPERIOR COURT OF THE STATE OF RIDGEWAY
IN AND FOR THE COUNTY OF RIDGEWAY
HITHERWGUYS
Plaintiff,
v.
CYBERDCYANE,
Defendants.
___________________________/
CIVIL DIVISION
CASE NO.: 01-2024-CV-002189-F017
JUDGE: HON. ENFORCEMENTBEYOND
ORDER ON PLAINTIFF’S MOTION FOR
DEFAULT JUDGMENT
THIS MATTER came before the Court on Plaintiff, Hitherwguys’s (“Guys”) Motion for
Default Judgment. Plaintiff has entered a civil complaint against Defendant CyberdCyane,
though they were unable to serve upon him a summons and complaint. The Court permitted
service of process by publication, this Court published the summons to the state government
announcements channel and allowed for five days for the Defendant to appear before the Court.
On February 5, 2024, the Plaintiff submitted the Motion, the Defendant having not appeared
before the Court within the allotted time frame. Based on the foregoing, Plaintiff’s Motion is
GRANTED, for the reasons explained therein.
I. BACKGROUND
Plaintiff is a resident of the State of Ridgeway and an employee of the StudsPerSecond
package delivery company. Defendant is a resident of the State of Ridgeway. Plaintiff alleges
that on January 24, 2024, while driving in the direction of the Sterling Bridge, Plaintiff was
approached by non-party LukasMarkosify and asked for a ride to the Sterling Car Dealership.
Plaintiff stopped his vehicle at the local gas station to speak with non-party Markosify, at which
point he alleges that Defendant, without provocation or justification, appeared with a
police-grade rifle and opened fire into the sliding door of his StudsPerSecond company vehicle.
Plaintiff affirms that he was subsequently killed as a result of the automatic gunfire
initiated by Defendant. Plaintiff alleges that non-party Markosify was a witness to this action and
had spoken to Defendant, purportedly to ask why he’d killed Plaintiff. Plaintiff alleges that
Defendant then fled the scene after causing the death of Plaintiff.
Plaintiff further alleges on the same date, while at the County Hall located in Palmer,
Defendant approached Plaintiff with an automatic submachine firearm. Plaintiff alleges that
Defendant opened fire on Plaintiff, lacking justification or provocation, resulting in his
immediate death. Defendant then fled the scene once again.
Plaintiff submitted a Civil Complaint before the Court, alleging wrongful death. Plaintiff
sought punitive and compensatory damages, as well as legal fees and declaratory relief affirming
the Defendant as liable for Plaintiff’s wrongful death. The Court authorized service of process
and received receipt of service on January 28, 2024. On February 3, 2024, the Court
automatically submitted an entry of default against Defendant, and Plaintiff now brings the
Motion for Default Judgment before the Court.
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). First, a party must fail to respond or
otherwise defend against an action. Second, an entry of default must be entered when the default
is established by affidavit or otherwise. Third, a party has applied to the Court for a default
judgment after the clerk or presiding judge’s entry of default. Id.
III. ANALYSIS
Plaintiff meets all three requirements to qualify for a default judgment. Defendant failed
to answer or otherwise respond against Plaintiff’s Complaint. An entry of default was entered by
the presiding judge under Ridgeway Rule of Civil Procedure 37(a). Regardless, the decision to
enter a default judgment is discretionary, and the Court shall resolve any doubt in its decision in
favor of the defaulting party. Lindsey v. Prive Corp., 161 F.3d 886, 893 (5th Cir. 1998).
Plaintiff filed a well-pleaded complaint alleging sufficient facts, which taken as true,
would raise a right to relief under the torts named in the Complaint. A defendant’s failure to
answer or respond to a complaint creates substantial prejudice towards a plaintiff and their
claims by bringing the adversarial process to a halt. Defendant’s failure to participate in this
litigation establishes the requisite grounds for default. The Court has no reason to believe that
Defendant is acting under a good-faith mistake or excusable neglect. Further, a default judgment
is not a harsh judgment as it is the intended procedural device necessary for the Court to
maintain the efficiency of its docket. See Merrill Lynch Mortg. Corp. v. Narayan, 908 F.2d 246,
253 (7th Cir. 1990).
Based on these factors, the Court concludes that the default judgment requested by
Plaintiff is procedurally warranted and that Plaintiff is entitled to judgment and damages.
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 $1,000.00 plus reasonable attorney’s fees, court costs, and
expenses in the amount of $125.00.
SO ORDERED, ADJUDGED, AND DECREED in chambers in Milton, Ridgeway
County, Ridgeway, this 9th day of February, 2024.
ENFORCEMENTBEYOND
CHIEF JUSTICE
Copies to: Counsel of Record
IN THE SUPERIOR COURT OF THE STATE OF RIDGEWAY
IN AND FOR THE COUNTY OF RIDGEWAY
HITHERWGUYS
Plaintiff,
v.
CYBERDCYANE,
Defendants.
___________________________/
CIVIL DIVISION
CASE NO.: 01-2024-CV-002189-F017
JUDGE: HON. 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 9th day of February, 2024.
ENFORCEMENTBEYOND
CHIEF JUSTICE
Copies to: Counsel of Record
