IN THE SUPERIOR COURT OF THE STATE OF RIDGEWAY
IN AND FOR THE COUNTY OF RIDGEWAY
HITHERWGUYS
Plaintiff,
v.
TNT_EXPLODES,
Defendants.
___________________________/
CIVIL DIVISION
CASE NO.: 01-2024-CV-002190-F017
JUDGE: HON. ENFORCEMENTBEYOND
ORDER ON PLAINTIFF’S MOTION FOR
DEFAULT JUDGMENT
THIS MATTER came before the Court on Plaintiff, Hitherwguys’ Motion for Default
Judgment. Plaintiff entered a Civil Complaint against Defendant TNT_EXPLODES and served
Defendant on January 28, 2024. The Court permitted a period of five days, not including the date
of service, for the entry of an answer to the Complaint. On February 3, 2024, the period expired
and the Court entered a default on the behalf of the Clerk of the Superior Court. On February 5,
2024, the Plaintiff submitted the Motion, the Defendant having failed to enter an answer to the
Complaint within the appropriate deadline. 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 in
his Complaint that on January 24, 2024, while completing his delivery route in relation to his
employment, his company vehicle was rammed by the Defendant’s vehicle, causing him to lose
control of his company vehicle. Plaintiff alleges that Defendant exited his vehicle armed with a
revolver firearm and discharged his firearm repeatedly at the Plaintiff, causing damage to
Plaintiff’s vehicle. Plaintiff claims that with the intent of self-defense, he maneuvered the vehicle
in such a manner intended to prevent Defendant from firing at him. Plaintiff alleges that
Defendant reloaded their firearm and continued to fire upon Plaintiff, striking Plaintiff, at which
point Plaintiff fled the scene.
Plaintiff submitted the Complaint before the Court, alleging battery. Plaintiff sought that
the Court find Defendant liable of battery, as well as to award $500.00 in punitive damages and
$125.00 in court costs.The Court granted a summons and received receipt of service on January
28, 2024. On February 3, 2024, the Court automatically submitted an entry of default against
Defendant and on February 5, 2024, Plaintiff brought the Motion for Default Judgment before
the Court. On February 7, 2024, Defendant appeared before the Court requesting an extension of
time to acquire counsel and submit an answer to the Complaint. This Court granted a two-day
extension period before entering an Order on the Plaintiff’s Motion to allow for Defendant to
acquire legal representation. As of February 10, 2024, Defendant has not acquired legal counsel
and has not submitted an answer to the Complaint.
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.
Further, the Court finds that Defendant did not act promptly to correct the default.
Defendant was afforded an extension of time to acquire legal counsel in the amount of
forty-eight hours. Defendant did not appear before the Court with legal counsel within that
period or after that period, nor did he submit an answer to the Complaint. The Court originally
granted the extension in time as it found that Defendant had failed to enter an answer due to
excusable neglect, yet Defendant failed to enter an answer upon extension once again.
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 $500.00 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 10th 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.
TNT_EXPLODES,
Defendants.
___________________________/
CIVIL DIVISION
CASE NO.: 01-2024-CV-002190-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 10th day of February, 2024.
ENFORCEMENTBEYOND
CHIEF JUSTICE
Copies to: Counsel of Record
