IN THE UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF OHIO
CASE NO. 04-60600
ROY JESSE LISATH,
STEPHANIE MYLO LISATH,
SSN: (LAST FOUR DIGITS ONLY) 0486
SSN: (LAST FOUR DIGITS ONLY) 9643
Adv. Pro. No. 05-02049
ROY J. LISATH, aka ROY JESSE LISATH,:
PLAINTIFF’S RENEWED MOTION FOR DEFAULT JUDGMENT
Now comes the Plaintiff, Rodell Rahmaan (hereinafter “Rahmaan”), by and through his undersigned attorney, and respectfully MOVES this Honorable Court for the entry of JUDGMENT BY DEFAULT against the Defendant, Roy J. Lisath, aka Roy Jesse Lisath (hereinafter “Lisath”), for the relief demanded in the Complaint, specifically that any judgment later obtained by Rahmaan upon those claims which are the subject matter of that certain civil action entitled Rodell Rahmaan v. City of Columbus, et al., designated case number C2-02-989, pending in the United States District Court for the Southern District of Ohio, Eastern Division, be DECLARED to be excepted from discharge upon the grounds set forth in 11 U.S.C. §523(a)(6), namely for willful and malicious injury.
This Motion renews a Motion for Default Judgment previously served and filed on March 15, 2005, denied without prejudice by this Court’s Order entered March 24, 2005.
Your Movant grounds this Motion upon the Memorandum more specifically set forth hereinafter.
/s/ Daniel K. Friend
Daniel K. Friend
118 East Main Street
Columbus, Ohio 43215
Telephone: (614) 221-3355
Attorney for Plaintiff
Rule 7055 B.R. incorporates Rule 55 F.R. Civ. P., which in turn in pertinent part provides: “(a) Entry. 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 the party’s default.”
“(b) Judgment. Judgment by default may be entered as follows:”
“(1) By the Clerk. When the plaintiff’s claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the clerk upon request of the plaintiff and upon affidavit of the amount due shall enter judgment for that amount and costs against the defendant, if the defendant has been defaulted for failure to appear and is not an infant or incompetent person.”
“(2) By the Court. In all other cases the party entitled to a judgment by default shall apply to the court therefor; but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by a general guardian, committee, conservator, or other such representative who has appeared therein. If the party against whom judgment by default is sought has appeared in the action, the party (or, if appearing by representative, the party’s representative) shall be served with written notice of the application for judgment at least 3 days prior to the hearing on such application. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary and proper and shall accord a right of trial by jury to the parties when and as required by any statute of the United States.”
Rahmaan’s Adversary Complaint was filed with the Clerk on February 1, 2005. Service of...
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