IN THE RIDGEWAY STATE SUPERIOR COURT
OF THE STATE OF RIDGEWAY
SNIPERALLSTAR1,
Plaintiff,
v.
PRINZBAKYL,
Defendant,
CASE NO. RSC-CV-3297
PLEADING: HON. BOMMES
RESPONSE TO DEFENDANT’S MOTION TO VACATE
JUDGMENT
COME NOW, Plaintiff SniperAllStar1, by and through counsel, hereby submits their
response to the Defendant’s Motion to Vacate Judgement, order vacating Plaintiff's default
judgement entered on August 1st, 2024.
I. DEFENDANT FAILED TO REBUT TO ALLEGATIONS
A. Default Judgment
See
Rid. R. Civ P. R. 37, “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.” Defendant
PrinzBakyl was issued 5 days to respond to the Plaintiff’s civil complaint. Of count 1-5.
Defendant was served with a summons on the 26th of July, 2024, the Defendant's response to
the civil complaint was due on the 1st of August 2024 at noon EST - as set by His Honor
bommes, and the response to the complaint was due on the 1st of August 2024 at noon EST -
as set by His Honor bommes.
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B. Defendant’s Argument III does not have standing.
Defendant quotes
S.E.C. v. McNulty, “In deciding a motion to vacate a default
judgment, the district court is to be guided principally by three factors: (1) whether the
default was willful, (2) whether the defendant, demonstrates the existence of a meritorious
defense, and (3) whether, and to what extent, vacating the default will cause the
nondefaulting party prejudice.”
S.E.C. v. McNulty, 137 F.3d 732, 738 (2d Cir. 1998) (citation
omitted). All three factors stated do not qualify for Defendant's Motion to Vacate. (1)
Plaintiff’s default was issued after the Defendant was given 5 days to respond, (2) Defendant
failed to assert any sort of defense to the civil complaint, and (3) vacating default is
prejudicial to the Plaintiff. As the Plaintiff submitted their civil complaint, and the Defendant
failed to respond. Punishing the Plaintiff for the Defense’s incompetence is prejudicial.
II. THE COMPLAINT MEETS THE REQUIREMENT OF RULE 8(a)
Ridgeway Rules of Civil Procedure 8(a) requires only a "short and plain statement of
the claim showing that the pleader is entitled to relief." The complaint outlines the specific
actions taken by the defendants and connects those actions to the plaintiff's injuries. This
exceeds the "formulaic recitation of the elements of a cause of action." The detailed account
provided is more than enough to meet the standard set in the Ridgeway Rules of Procedures.
III. SERVICES OF SUMMONS WAS AUTHORIZED
See Rid. R. Civ. P. R. 4(a), “Upon commencing the action the plaintiff or his attorney
shall deliver a copy of the complaint and a summons for service to the sheriff, deputy sheriff,
any other person duly authorized by law; a person specifically appointed to serve them; or as
otherwise provided in subdivision (c) of this rule” His honor. Magistrate bommes, authorized
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Plaintiff’s attorney of record to serve the Defendant. As an attorney is an officer of the court.
See
People v. Williams (1962), 58 Cal.2d 865, the California Supreme Court discussed the role
of attorneys as officers of the court in the context of their ethical and professional duties.
“Attorneys are officers of the court and are subject to its disciplinary powers. Their
professional conduct is thus regulated to ensure that they act with integrity and in
accordance with the law.” (citation omitted).
CONCLUSION
For the aforementioned reasons issued by the Plaintiff, the Defense’s motion to vacate judgment
ought to be denied.
August 5th, 2024
Respectfully submitted,
/s/ Sawyeriez
Sawyeriez, Esq.
R. Bar No. 25105
Counsel of Record
Managing Partner
Law Offices of Sawyeriez, P.A.
975 Dana St
Oakland, Ridgeway
Discord:
@ski019
Attorney for Plaintiff
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