IN THE SUPERIOR COURT OF THE
STATE OF RIDGEWAY
REALBACONLEAF,
Plaintiff,
v,
SPOOKDAN, in their official capacity as a
First Sgereant of the Ridgeway National Guard,
ADAMSTRATTON, in their official capacity
as a Probationary Deputy of the Ridgeway
County Sheriff’s Office,
RIDGEWAY COUNTY SHERIFF’S OFFICE,
Defendant.
DEFENDANT’S MOTION TO SET ASIDE
DEFAULT
Docket Number: RSC-CV-5618
The Defendant’s by and through the undersigned counsel, respectfully asks this Court to
set aside any potential entry of default judgement under Rid. R. Civ. P. 37(9), and in
support-thereof stats as follows:
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DEFENDANT’S MOTION TO SET ASIDE DEFAULT
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FACTUAL BACKGROUND
1. On August 19, 2026, Plaintiff filed a complaint in this Court. The Court asked Plaintiff,
with the assistance of the Clerk, to prepare summons.
2. A few days later, on August 28, 2026, Plaintiff filed a summons, which was only directed
to Defendant AddamStratton.
3. On the same day, Plaintiff filed an Application for Entry of Default Judgement, stating
under penalty of perjury that all Defendants’ were served on August 20, 2026. Plaintiff
later forwarded three return of service’s, stating that the Defendants were all served on
August 20, 2026.
4. The summons which Plaintiff filed, is only directed to Defendant AddamStratton.
ARGUMENT
I. DEFAULT SHOULD BE SET ASIDE BECAUSE SERVICE WAS INSUFFICIENT
5. Plaintiff only generated one summon, which was directed to Defendant AddamStratton,
but used this document to serve the other two Defendants.
6. Under Rid. R. Civ. P. 4(1)(2), where there is more than one defendant, there must be
separate summons “issued for each defendant or respondent…”
7. Additionally, Rid. R. Civ. P. 4(2)(3) requires that the summon specifically be directed to
that defendant. Here, only one summon was issued, correctly directed to AddamStratton,
but incorrectly used to summon the two other Defendants.
8. Because the two other Defendants received a summons that wasn’t directed to them, they
should not be held in default for failing to answer.
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DEFENDANT’S MOTION TO SET ASIDE DEFAULT
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II. THE DEFECT CAN BE CURED
9. The Court can set aside default if it determines that doing so would not prejudice the
opposing party.
10. Although the service was insufficient, it is a small defect that can be cured. By setting
aside default, the Court can direct the Clerk to reissue a summons, this time directed to
the two other Defendants. Doing so would not prejudice them, because they have not yet
made an answer to the complaint.
CONCLUSION
11. Defendants were unable to answer, because the service was insufficient. It was a small
mistake that can be cured by setting aside default, and re-doing the summons process.
Date: September 3, 2026
Respectfully submitted,
Detachment_Result
[Detachment_Result] State Bar No.
11103
Counsel for the Defendants
Deputy Attorney General
Ridgeway Department of Justice
Annex Building, Palmer City
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DEFENDANT’S MOTION TO SET ASIDE DEFAULT
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