IN THE SUPERIOR COURT OF THE STATE OF RIDGEWAY
IN AND FOR THE COUNTY OF RIDGEWAY
ATLANTXIC
Plaintiff,
v.
SUPERKURD56,
Defendants.
___________________________/
CIVIL DIVISION
CASE NO.: 01-2024-CV-002188-F017
JUDGE: HON. ENFORCEMENTBEYOND
ORDER ON PLAINTIFF’S MOTION FOR
DEFAULT JUDGMENT
THIS MATTER came before the Court on Plaintiff, atlantxic’s Motion for Default
Judgment. The plaintiff has entered a civil complaint against Defendant superkurd56, 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 3, 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, who alleges before the Court that on
January 23, 2024, while driving her vehicle on Belgrade Road, she was sideswiped by another
vehicle occupied by the Defendant. Plaintiff alleges that the Defendant pursued them in their
vehicle, resulting in a rear-ended motor vehicle collision between the Plaintiff’s vehicle and the
vehicle occupied by the Defendant. Plaintiff alleges that the Defendant exited the vehicle from
the driver’s side door armed with a firearm and proceeded to discharge their firearm in the
direction of the Plaintiff repeatedly, causing damage to the Plaintiff’s vehicle and person.
Plaintiff affirms that they dismounted their vehicle in response with their own firearm and
discharged it in the direction of the Defendant, with the intent to defend themselves from
imminent harm. Plaintiff affirms that during the course of the firefight between them and the
Defendant, the Defendant was injured. Plaintiff alleges that they collapsed and were killed during
the firefight, alongside an unidentified passenger in the Plaintiff’s vehicle, who did not engage in
the firefight and who had been unarmed. Plaintiff further alleges that the Defendant discharged
their firearm at their vehicle, causing the vehicle to explode, resulting in irreparable harm to the
vehicle.
Plaintiff submitted a civil complaint with the Court, alleging wrongful death and trover.
Plaintiff sought compensatory damages, punitive damages, and attorney fees from the Defendant.
The Court authorized the service of process, though the Plaintiff could not fulfill service of
process. The Court directed the Ridgeway County Sheriff’s Office to serve the summons upon
the Defendant, the Sheriff’s Office was unable to provide service as the Defendant couldn’t be
located. The Court then authorized service of process in the form of a publication, which it
provided through the Court’s summons publisher channel and the state’s government
announcements channel. The presiding judge 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). 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 $5,368.00 plus reasonable attorney’s fees, court costs, and
expenses in the amount of $1,125.00.
SO ORDERED, ADJUDGED, AND DECREED in chambers in Milton, Ridgeway
County, Ridgeway, this 6th 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
ATLANTXIC
Plaintiff,
v.
SUPERKURD56,
Defendants.
___________________________/
CIVIL DIVISION
CASE NO.: 01-2024-CV-002188-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 6th day of February, 2024.
ENFORCEMENTBEYOND
CHIEF JUSTICE
Copies to: Counsel of Record
