IN THE SUPERIOR COURT OF THE STATE OF RIDGEWAY
IN AND FOR THE COUNTY OF RIDGEWAY
TIGER_GAMERQ,
Plaintiff,
v.
LANCEJADE09123,
Defendants.
___________________________/
CIVIL DIVISION
CASE NO.: 04-2024-CV-002493-F017
JUDGE: HON. ENFORCEMENTBEYOND
ORDER ON PLAINTIFF’S MOTION FOR
DEFAULT JUDGMENT
THIS MATTER came before the Court on Plaintiff, Tiger_Gamerq’s Motion for Default
Judgment. The plaintiff has entered a civil complaint against Defendant lancejade09123 and
served upon him a summons. The defendant was served via summons by publication and did not
appear within the allotted time frame. The defendant failed to submit an answer to the
Complaint. On April 8, 2024, the Plaintiff submitted the Motion, the Defendant did not appear
before the Court as of the date of the Order being entered. Based upon the foregoing, Plaintiff’s
Motion is GRANTED, for the reasons explained below.
I. BACKGROUND
Plaintiff is a resident of the State of Ridgeway. Defendant was alleged not to be a resident
of the State of Ridgeway at the time of the offense, but is now believed to hold residency.
Plaintiff alleges in Complaint that on March 18, 2024, while transiting in the area of Oakland
Park, Defendant struck his vehicle while driving on the incorrect lane of the road. Plaintiff
alleges that Defendant exited his vehicle and approached Plaintiff, alleging that Plaintiff had
damaged Defendant’s vehicle and hit Defendant. Defendant allegedly returned to his vehicle,
moved it to the side of the road, and exited his vehicle to confront Plaintiff. Plaintiff alleges that
Defendant alleged that Plaintiff drove on the opposite lanes intended and then proceeded to
brandish a firearm, pointing it at Plaintiff.
Plaintiff claims that afterwards, he’d run behind his own vehicle to seek cover from any
imminent harm. Defendant is alleged to have claimed not to be in possession of any ammunition,
while remaining adamant that Plaintiff had hit Defendant, and further demanding payment of
$70.00 for damages to his vehicle’s bumper. Plaintiff claims to have declined to pay such an
amount, to which Defendant allegedly brandished a firearm a second time, asking for payment of
at least $10.00. Plaintiff alleges that a third-party appeared at the scene and brandished a firearm
towards Defendant with the intent to prevent him from harming Plaintiff.
Plaintiff subsequently filed the Civil Complaint before the Court and a summons draft for
Defendant. Plaintiff alleged battery, assault, and false imprisonment within their Complaint,
seeking punitive damages, declaratory judgment, and an order of apology, as well as attorney
fees. Plaintiff could not secure summons of Defendant, requesting that this Court provide
summons by means of publication, and such was provided on March 30, 2024. Defendant did not
appear before the Court nor enter an answer to the Complaint, with Plaintiff entering a motion
for an entry of default and final judgment on April 8, 2024.
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 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 damages in the amount of $9,000.00, and reasonable attorney’s fees in the amount of
$1,250.00.
SO ORDERED, ADJUDGED, AND DECREED in chambers in Milton, Ridgeway
County, Ridgeway, this 8th day of April, 2024.
ENFORCEMENTBEYOND
CHIEF JUSTICE
Copies to: Plaintiff / Defendant
Josef13344, Counsel of Record for Plaintiff
JasonBourneAxis, Secretary of State
IN THE SUPERIOR COURT OF THE STATE OF RIDGEWAY
IN AND FOR THE COUNTY OF RIDGEWAY
TIGER_GAMERQ,
Plaintiff,
v.
LANCEJADE09123,
Defendants.
___________________________/
CIVIL DIVISION
CASE NO.: 04-2024-CV-002493-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 8th day of April, 2024.
ENFORCEMENTBEYOND
CHIEF JUSTICE
Copies to: Plaintiff / Defendant
Josef13344, Counsel of Record for Plaintiff
JasonBourneAxis, Secretary of State
