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Judge grants motion to open default in Whitaker v. Bernard; case returned to regular discovery
Summary
Clayton County State Court Judge Tammy Long Hayward granted a motion to open a default in an auto-accident suit brought by Monica M. Whitaker against Kevinie Bernard and returned the case to the ordinary discovery schedule.
Judge Tammy Long Hayward of Clayton County State Court granted a defense motion to open a previously entered default in Monica M. Whitaker v. Kevinie Bernard and directed the case back into the ordinary discovery process.
The plaintiff, represented by attorney John Brog, had sought a default judgment after the defendant failed to file a timely answer. Defense counsel Arjun Nyer told the court his client did not initially notify his insurer, State Farm, about the suit and “did not know what to do with it,” and that once State Farm received notice the case was forwarded to his office and an answer was filed within 45 days. Nyer said costs were paid and the defense had filed a motion to open default.
Judge Hayward said the defendant’s explanation appeared to amount to excusable neglect and that “the court is inclined to allow, for default to be open, and for the course of the discovery to continue.” The judge asked defense counsel to submit the proposed order to the court.
No final merits decision was made at the hearing; the court’s ruling restored the parties to the regular pretrial process so they may pursue discovery and further proceedings.
The court record shows the hearing occurred on the civil motions calendar in Courtroom 304 and was recorded and livestreamed.
