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IN THE SUPERIOR COURT
OF THE STATE OF RIDGEWAY
THENOIRAVIATOR,
Plaintiff,
v.
THENAMESCOOL08,
Defendant.
Case No. RSC-CV-3145
MEMORANDUM ORDER
1. On July 2, 2024, Defendant in this matter was served and summoned to this court for the
purposes of responding to a complaint filed on the same day. In a series of events best described
by my July 23 order, the timer was reset on this matter. On July 23, 2024, a Ridgeway County
Sheriff’s Deputy once again served the defendant in this matter and summoned him to this court.
The deadline to reply was by July 25, 2024. No reply was made.
2. On July 26, 2024, Plaintiff reiterated a previous request to instate default and moved for default
judgement. On July 29, 2024, default was entered against Defendant in this matter for failure to
appear and answer to the complaint. The motion for default is now to be decided.
3. Default judgement may be issued “when the plaintiff's claim against a defendant is for a sum
certain or for a sum which can by computation be made certain. . .” Rid. R. Civ. P. 37(b). Where
a sum cannot be made certain by fact or by computation, the relief requested must be denied. See
Timbowalk13 v. EmilioACastillo, RSC-CV-3046 (2024).
4. As they do not request judgement on a sum certain by fact or computation, requests for relief A
and B are DENIED. The remainder of the motion for default judgement is GRANTED.
5. Defendant is ordered to pay two thousand six hundred twenty five dollars ($2,625.00) to Plaintiff
in compensation, punitive damages, and legal fees.
Done: July 30, 2024 SO ORDERED:
At Palmer, Ridgeway
_______________________________
Hon. notsfeelings
Superior Court Judge
1
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Jun 30, 2024 12:00 PM
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Jun 30, 2024 12:00 PM
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COMPLAINT
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thenoiraviator
Notes
MotionRuling_RSC-CV-3145_1606-073024.pdf — archived from the Trello docket (https://trello.com/c/U1XV5ik3)
