SUPERIOR COURT OF THE STATE OF RIDGEWAY
JOSEPHRICHMOND,
Plaintiff,
v.
KINGMOON1008,
Defendant.
No. RSC-CV-2690
ORDER ON PLAINTIFF JOSEPHRICHMOND’S MOTION
FOR DEFAULT JUDGMENT
THIS MATTER came before the Court on Plaintiff JosephRichmond’s Motion for
Default Judgment. Plaintiff has filed a civil complaint against Defendant Kingmoon1008 and
served upon him a summons and a copy of the complaint. Defendant did not appear within the
allotted time frame as set forth by the presiding judge. Defendant failed to submit an answer to
the Complaint. On April 29, 2024, Plaintiff submitted the Motion for Default Judgment and
Defendant has yet to appear before the Court. Plaintiff’s Motion is GRANTED, for the reasons
explained below.
_I. 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.
_II. 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.
_III. 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 $25,375.00 and reasonable attorney’s fees in the amount
of $2,125.00. SO ORDERED, ADJUDGED, AND DECREED in chambers in Palmer, Ridgeway
County, Ridgeway, this 30th day of April, 2024.
DATED: APRIL 30, 2024
Palmer County Hall
BY: /s/ -
ARTHUR_CHEN
Ridgeway Superior Court Judge
