Re: Win by default

I'm on the road and don't have my rule book, and would need to check on the Commonwealth's response period for answering a complaint seeking injunction. However, assuming 30 days is correct, chances are slim you will actually win on the merits of your complaint simply b/c the agency failed to answer in the time provided. You would move for the entry of default against the Commonwealth based on their failure, and the agency would likely get notice of the motion, and the entry of default if entered by the court, and then the agency could probably remove the default if they have some legitimate reason for the failure to file a timely answer.

Was your complaint Verified, as required to bring valid claims for injunctive relief? If not, your complaint might be a nullity on those grounds anyway.

Have you made a motion for preliminary injunction? Supported the motion with sworn affidavits? Had a hearing on the injunction request? Generally, the more time you let pass before you move for an injunction, the less likely it is that the court will enter it. This is b/c you generally have to prove (except in certain limited circumstances, like where you claim your Constitutional rights have been violated), that you face "imminent harm" and the injunction is necessary to prevent that injury to you. And not just any old injury will do. You need to demonstrate the imminent harm will be "irreparable" to you and your rights. Usually, courts will rule that your loss of $$$ is not "irreparable" harm, and will deny injunction requests based on lost $ as the harm.

Violations of Constitutional rights, however, is prima facie "irreparable," but you must make the legally required showing of the Constitutional violation. Other forms of irreparable harm are things that the court can't put back together the same as before after the judgment has entered. Such as, the iminent tearing down of a unique, historic home. Things like that.

If you're serious about the claims, make sure you've covered all the many, many bases required to get a preliminary injunction, and keep it in place pending (expedited) trial on the merits. Usu there is no discovery period in injunction cases; often its the preliminary hearing, followed in short order by trial on the merits.