You are on page 1of 2

MARYLAND:

IN THE CIRCUIT COURT OF MONTGOMERY COUNTY

AARON WALKER,
Plaintiff
v.

Case No. 398855-V

BRETT KIMBERLIN, ET AL.,


Defendants

MOTION FOR DEFAULT JUDGMENT


NOW COMES the Plaintiff, Aaron J. Walker, Esq., and files this Motion for Default
Judgment. He states the following:
1.

As of this date, the Defendants have filed no Answer to the Plaintiffs Fourth

Amended Complaint (Dkt. No. 81).


2.

The Fourth Amended Complaint was served on the Defendants by mail on

November 23, 2015. Accordingly, under Md. Rule 2-321(a) their Answer would have ordinarily
been due on or about December 28, 2015.1
3.

However, on December 18, 2015, the Defendants jointly filed a Motion to

Dismiss pursuant to Md. Rule 2-322(b)(2) (Dkt. No. 88). Under Md. Rule 2-321(c), filing that
Motion to Dismiss automatically suspended the time to file their Answer until fifteen days after
the entry of the courts order on their motion.

The Defendants would have ordinarily benefitted from the holiday, giving them a few more
days to respond.

4.

This Court partially granted and partially denied the Defendants Motion on

March 10, 2016 (Dkt. No. 107). The formal order granting dismissal of the malicious use of
process claim, but denying the motion to dismiss on the malicious prosecution claim was issued
on March 21, 2016 (Dkt. No. 116).
5.

If this Court considers its order on the motion to dismiss to have been entered on

March 10, 2016, it has been twenty-eight days since the order was entered. If this Court
considers its order on the motion to dismiss to have been entered on March 21, 2015, then it has
been seventeen days. In either case, the Defendants have failed to file their answer within fifteen
days of this Courts order on their Motion to Dismiss as required by Md. Rule 2-321(c).
6.

Accordingly, both Defendants are now in default and the Plaintiff is entitled to

Default Judgment.

WHEREFORE, based on the foregoing, this Court should enter a default judgment as to liability
against both Defendants, set a hearing to determine damages and whether an injunction should
issue, and provide any other relief that is just and equitable.

Thursday, April 7, 2016

Respectfully submitted,

Aaron J. Walker, Esq.


Va Bar# 48882
P.O. Box 3075
Manassas, Virginia 20108
AaronJW72@gmail.com
(703) 216-0455
(no fax)

You might also like