IN THE SUPERIOR COURT OF THE STATE OF RIDGEWAY
IN AND FOR THE COUNTY OF RIDGEWAY
JASONBOURNEAXIS
Plaintiff,
v.
SEIYSTIA,
Defendants.
___________________________/
CIVIL DIVISION
CASE NO.: 03-2024-CV-002478-F017
JUDGE: HON. ENFORCEMENTBEYOND
ORDER ON PLAINTIFF’S MOTION FOR
DEFAULT JUDGMENT
THIS MATTER came before the Court on Plaintiff, JasonBourneAxis’ (“Axis”) Motion
for Default Judgment. Axis entered a Civil Complaint against Defendant seIystia and served
Defendant on March 19, 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 March 24, 2024, the deadline for the
submission of a response expired and on March 26, 2024, an entry of default was placed upon
Axis’ motion. On March 23, 2024, Axis’ counsel entered a motion for default judgment,
requesting that such be granted upon the expiration of the deadline for the entry of an answer to
the complaint. 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 state government,
employed within the Ridgeway Department of State as the Secretary of State. Defendant is a
resident of the State of Ridgeway. Axis alleges in his Complaint that on February 25, 2024, while
conducting a cash transaction at an automated teller machine outside of the Palmer Bloxmart,
Defendant employed the use of a crowbar to attack and subsequently kill Axis. Axis alleges that
upon his death, Defendant took from his body a total quantity of $10,000.00 which he’d acquired
from the automated teller machine, and that Defendant then deposited that amount of money in
their bank account and left the scene.
Axis submitted the Complaint before the Court, alleging a claim of trespass to chattels
against Defendant. Axis sought that the Court declare that Defendant had unlawfully taken
possession of Axis’ earnings, deprived Axis of the use of his property, and trespassed upon his
use of his property. Axis further sought that the Court award actual and punitive damages, as
well as court costs and attorney fees. Plaintiff served Defendant and later entered negotiations for
a settlement agreement, such agreement was not fulfilled. Defendant did not submit a response to
the Complaint. On March 26, 2024, upon the motion of Plaintiff’s counsel, the Court entered a
default in this matter and entered a verbal order granting 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 enter a response in this
matter 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 has not entered any defenses against the claim of the Complaint, nor has he requested
a continuance in the matter or appointed counsel to do so.
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 actual damages in the amount of $12,000.00, punitive damages in the amount of
$1,000.00 plus reasonable attorney’s fees, court costs, and expenses in the amount of $1,475.00.
SO ORDERED, ADJUDGED, AND DECREED in chambers in Milton, Ridgeway
County, Ridgeway, this 26th day of March, 2024.
ENFORCEMENTBEYOND
CHIEF JUSTICE
Copies to: Plaintiff / Defendant
DorkJacob, Counsel for the Plaintiff
IN THE SUPERIOR COURT OF THE STATE OF RIDGEWAY
IN AND FOR THE COUNTY OF RIDGEWAY
JASONBOURNEAXIS
Plaintiff,
v.
SEIYSTIA,
Defendants.
___________________________/
CIVIL DIVISION
CASE NO.: 03-2024-CV-002478-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 28th day of March, 2024.
ENFORCEMENTBEYOND
CHIEF JUSTICE
Copies to: Plaintiff / Defendant
DorkJacob, Counsel for the Plaintiff
