When a complaint has been properly served, a Defendant will have a certain amount of time to respond to the complaint, either through the filing of a motion, or a responsive pleading, such as an answer. But what happens when the Defendant fails to respond to the complaint at all?

You are a paralegal working for Mr. Dewey Cheatham, Esq., a partner at Cheatham & Fare, One First St, Greenacre, in your home state. The firm has a client, Silence DoGood, who has filed a complaint for negligence stemming destruction of property, against Nick Slick. Mr. Cheatham would like a draft of a Motion for Default Judgment and proposed Order for Default Judgment. Mr. Cheatham is a stickler for spelling, grammar, and properly drafted documents. The drafted documents you provide him should only require his signature, but be otherwise ready to file with the court to request a default judgment. He provided you with a template the law firm uses in these types of cases:

Template

WANDERLUST **************************************************************************** BENJAMIN FRANKLIN, Plaintiff v. TIM SMITH, Defendant ) ) ) ) ) ) ) ) ) Case No. Judge MOTION FOR DEFAULT JUDGMENT ATTORNEY NAME, ADDRESS, PHONE NUMBER, ETC *************************************************************************** Now comes Plaintiff, Benjamin Franklin, byand through undersigned Counsel,and moves thisCourt, pursuanttoCiv.R. _________,for a judgment bydefault against the Defendant, Tim Smith,as the Defendant has failedto otherwise defendin this action,and offersin supportthe following: 1. Onorabout October 6, 2014, Plaintiffsfiled a Complaint against Defendant for negligence andbreachof implied warranty. Plaintiffs prayedfor judgment against Defendant Tim Smithin an amount in excessof $25,000.00as and forcompensatory damages, punitive damagesforemotional distress, anxiety,and for the Defendant's maliciousand wanton behavior plus Plaintiffs' costs, interest onjudgment at the highest rate allowed bylaw,andreasonable attorney fees. Plaintiffs also soughtan amount of liquidated damages equalto their damagesand costsand attorneys feesall togetherwith prejudgmentand postjudgment interest. Plaintiff further prayedfor whatever other legalor equitable relief they may appearto beentitledto. 2. The Wanderlust DistrictCourt issueda summons alongwith a certified copyof the Complaint to Defendant via certified mail on October 6, 2014, which was returned havingbeen unclaimed on November 13, 2014. Thereafter,theClerkof Court issueda summons alongwith a certified copyof the Complaint to Defendant via ordinary U.S. mail on December 4, 2014. 3. The Defendant Tim Smith,has failedto file an Answer, appear,or otherwisedefendin the instant action. Wherefore , Plaintiff respectfully moves thiscourt pursuantto Civ. R. ____to entera judgment of default against the Defendant, Tim Smith. Respectfully submitted, ___________________________________ AttorneyforPlaintiff CERTIFICATEOF SERVICE I hereby certify thata copyof the foregoingMotion for Default Judgment was sent via ordinary U.S. Mail this ____ dayof February, 2015,to Frank Lloyd Wright, 123 MainSt, Nowheresville, IL, 43722, attorneyfor Defendant Tim Smith. _______________________________________The complaint wasfiledaround September 1, 2015.In the complaint, Ms.DoGood requested $50,000in damagesforemotional distress, anxiety,and compensation, afterNick Slick negligently damageda boxofletters Ms.DoGood hadbeen keeping.He was supposedtorestorethe letters, which were family heirlooms,but ended up burningthe letters beyond repair.The casehas been pendingin Greenacre districtcourt.The Greenacre court issueda summons on September 3, 2015, by certified mail. It was returned havingbeen claimed on October 1, 2015. Noanswer or other documenthas been filed byNick Slick.Mr.Cheatham saidthe court setscases like thisfor ahearing on damages 21 days afterthe motion is filed. Therefore, enterthe potential hearing datein the Default Judgment Entry. Pay careful attentionto weekend datesand holidaysincalculatingthe hearing's date. Assumethe motion is filed the on June 4th, 2023.1

The complaint was filed around September 1, 2015. In the complaint, Ms. DoGood requested $50,000 in damages for emotional distress, anxiety, and compensation, after Nick Slick negligently damaged a box of letters Ms. DoGood had been keeping. He was supposed to restore the letters, which were family heirlooms, but ended up burning the letters beyond repair. The case has been pending in Greenacre district court. The Greenacre court issued a summons on September 3, 2015, by certified mail. It was returned having been claimed on October 1, 2015. No answer or other document has been filed by Nick Slick.

Mr. Cheatham has advised you that the court sets cases like this for a hearing on damages 21 days after the motion is filed. Therefore, you should enter the potential hearing date in the Default Judgment Entry. Pay careful attention to weekend dates and holidays in calculating the hearing's date. (You should assume the motion is filed the on your assignment's due date).

Submit your completed assignment by following the directions below. Please check the Course Calendar for specific due dates.