When a complaint has been properly served, a Defendant will
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When a complaint has been properly served, a Defendant will have acertain amount of time to respond to the complaint, either through thefiling of a motion, or a responsive pleading, such as an answer. Butwhat happens when the Defendant fails to respond to the complaint atall? You are a paralegal working for Mr. Dewey Cheatham, Esq., a partnerat Cheatham & Fare, One First St, Greenacre, in your home state.The firm has a client, Silence DoGood, who has filed a complaint fornegligence stemming from an auto accident, against Nick Slick. Mr. Cheatham has requested you keep an eye on the Court docket, anddetermine if a Motion for Default Judgment can be filed in this matter.He would like a short Memo, explaining the process for obtaining adefault judgment, as well as the method of calculating the length oftime before a default can be obtained, based on your state’s rules ofcivil procedure. He would also like a draft of a Motion for DefaultJudgment and proposed Order for Default Judgment to accompany the memo. Mr. Cheatham is a stickler for spelling, grammar, and properlydrafted documents. The drafted documents you provide him should onlyrequire his signature, but be otherwise ready to file with the court torequest a default judgment. He provided you with a template the law firm uses in these types of cases: 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 lettersMs. DoGood had been keeping. He was supposed to restore the letters,which were family heirlooms, but ended up burning the letters beyondrepair. The case has been pending in Greenacre district court. TheGreenacre court issued a summons on September 3, 2015, by certifiedmail. It was returned having been claimed on October 1, 2015. No answeror other document has been filed by Nick Slick. Mr. Cheatham has advised you that the court sets cases like this for ahearing on damages 21 days after the motion is filed. Therefore, youshould enter the potential hearing date in the Default Judgment Entry.Pay careful attention to weekend dates and holidays in calculating thehearing’s date. (You should assume the motion is filed the on yourassignment’s due date).( My state is Florida) The below attached template is the one to be use for this assignment.
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