Gardiner and Gardiner Builders v. Reid

PER CURIAM: As a sanction for repeatedly failing to respond to discovery procedures, and for violation of the court's Order to Compel Discovery, the district court ordered all of the pleadings of defendant Reid Swapp aka Reid Swapp Construction Company stricken, and entered default judgment against that defendant and in favor of defendant Tanglewood SLC Associates on its cross-claim. The default judgment was entered July 1, 1981. On September 3, 1981, an Order in Supplemental Proceedings was served at the residence of Reid Swapp. Swapp failed to appear at the hearing on that order, and an Order to Show Cause was issued, which was personally served on Swapp on September 22, 1981. On that same day, Tanglewood's Execution was personally served on Swapp.