Case 1:18-cv-01011-RMC Document 42 Filed 08/09/19 Page 7 of 19
III. ANALYSIS
A. Liability
Ms. Dumpson followed the two-step procedure that is required for default
judgment. The Clerk of Court entered default against Moonbase Holdings and Messrs. Ade and
Anglin and Ms. Dumpson applied to this Court for default judgment. 5 The Court has discretion
to determine whether default judgment is appropriate and may enter default judgment on any
well-pleaded allegations. See Int’l Painters, 531 F. Supp. 2d at 57. Courts consider whether the
defendant is a “totally unresponsive” party, and its default plainly willful, reflected by its failure
to respond to the summons and complaint, the entry of default, or the motion for default
judgment. Id.
Having failed to file an answer, object to the entry of default by the Clerk, or
respond to the Court’s order to show cause why default judgment should not be entered against
them, the Court finds Messrs. Ade and Anglin and Moonbase Holdings are totally unresponsive
parties.
Ms. Dumpson complains that Messrs. Anglin and Ade and Moonbase Holdings
interfered with her right to full and equal enjoyment of places of public accommodation, see Am.
Compl. ¶¶ 129-44, 190-201 (Counts I and V), interfered with her right to equal opportunity to
education, see id. ¶¶ 145-58, 202-09 (Counts II and VI), and caused intentional infliction of
5
Mr. Ade was personally served on May 1, 2018 by Capitol Process Services, Inc. See Aff. of
Service, Brian Andrew Ade [Dkt. 7] at 1. Moonbase Holdings was served by the Ohio Secretary
of State on July 10, 2018. See Aff. of Service, Moonbase Holdings [Dkt. 13]. Mr. Anglin was
served via publication and the final publication occurred on November 15, 2018. See Notice of
Service by Publication [Dkt. 23].
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