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Court grants default as to one defendant and reopens State Farm’s default in Gibson v. Levy; 90-day discovery for insurer ordered
Summary
Clayton County State Court granted a motion for default as to Daishawn (DeShaun) Cross in Gibson v. Levy and granted State Farm’s motion to open its default; the court allowed amendment of the case style to reflect an administrator and agreed to a 90‑day discovery period for State Farm.
Judge Tammy Long Hayward granted the plaintiff’s motion for default against defendant Daishawn (also referenced as Deshaun/Daishawn) Cross for failure to respond, and the court granted State Farm’s separate motion to open its default in the same case (Gibson v. Levy).
Plaintiff counsel Gutter Parker (appearing for the plaintiffs) asked the court to sign an order on the default against Cross; the judge granted the motion, noting Cross had been served and did not file an answer. The judge instructed counsel to submit the signed order.
On the State Farm motion, counsel Donna Davis said State Farm was served in May 2023 but initially could not locate a policy and later located policies and paid costs; State Farm asked to open default based on excusable neglect and proper grounds. The judge granted State Farm’s motion to open default and, after discussion, the parties agreed to a 90‑day discovery period for State Farm to investigate coverage and available limits.
Separately, counsel discussed amending the case caption to reflect an administrator for a wrongful-death survivor claim; the court allowed counsel to confer and submit a short order to amend the style. The court signed orders where counsel had submitted them and said it would sign the rest once filed.
