On November 29, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Wainwright, Timonthy,
and
Clairment Office Center Llc,
Does, John,
Emory University,
Macleanriggins Inc,
Transwestern Commercial Services Georgia Llc,
for Tort - Premises Liability Tort*
in the District Court of Gwinnett County.
Preview
IN THE STATE COURT OF GWINNETT COUNTY
STATE OF GEORGIA
TIMOTHY WAINWRIGHT, :
:
Plaintiff, :
: CIVIL ACTION FILE
v. : NO. 21-C-08499-S6
:
EMORY UNIVERSITY, MACLEAN- :
RIGGENS, INC., CLAIREMONT :
OFFICE CENTER, LLC, :
TRANSWESTERN COMMERCIAL :
SERVICES GEORGIA, LLC, AND :
JOHN DOES 1-3, :
:
Defendant. :
CONSENT MOTION TO OPEN DEFAULT
Plaintiff Timothy Wainwright and Defendant Transwestern Commercial Services Georgia,
LLC, by and through their undersigned counsel, respectfully move the Court to open the default
in this case. In support thereof, the parties show as follows:
1.
Plaintiff filed this action on November 29, 2021.1 On December 8, 2021, Plaintiff filed an
affidavit of service on Defendant.2 When Defendant did not file an answer by January 7, 2022,
the case went into default.3 Because Defendant did not move to open the default within 15 days
of that date, it may no longer open default as a matter of right.4
1
See Compl.
2
See Affidavit of Service.
3
See O.C.G.A. § 9-11-55 (b).
4
See id.
1
2.
Defense counsel was retained on January 26, 2022 and filed an entry of appearance on
January 27.5 Defense counsel then promptly asked Plaintiff to consent to open the default in this
case, and Plaintiff agreed to do so.
3.
Accordingly, Defendant respectfully moves this Court to open the default in this case.
4.
Plaintiff has reviewed this motion and consents to opening the default.
WHEREFORE, Defendant respectfully requests that this Court open the default in this case
and permit Defendant to file its Answer to Plaintiff’s Complaint as if timely filed within 30 days
of service. The parties have submitted a proposed order granting the requested relief.
Respectfully submitted this 1st day of February, 2022.
WILSON ELSER MOSKOWITZ
EDELMAN & DICKER, LLP
/s/ Michael P. Manfredi
3348 Peachtree Road, N.E. Michael P. Manfredi
Suite 1400 Georgia Bar No. 784682
Atlanta, GA 30326 Darshan Patel
(470) 419-6650 Georgia Bar No. 466552
Fax (470) 419-6651 Counsel for Defendants Clairemont Office
michael.manfredi@wilsonelser.com Center, LLC and Transwestern Commercial
darshan.patel@wilsonelser.com Services Georgia, LLC
(SIGNATURES CONTINUE ON FOLLOWING PAGE)
5
See Entry of Appearance.
2
Consented to by:
CAIN INJURY LAW
/s/ John A. Mays, Jr. (by Michael Manfredi
w/ express consent)
521 Scenic Highway John A. Mays, Jr.
Lawrenceville, GA 30046 Georgia Bar No. 537003
john@caininjurylaw.com Clayton Cain
Georgia Bar No. 961772
Counsel for Plaintiff
3
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing Consent Motion to Open Default was served
upon all counsel of record by filing the same via the Court’s e-filing system, which will send
electronic notification to counsel addressed as follows:
John A. Mays, Jr.
Clayton Cain
Cain Injury Law
521 Scenic Highway
Lawrenceville, GA 30046
john@caininjurylaw.com
Counsel for Plaintiff
This 1st day of February, 2022.
WILSON ELSER MOSKOWITZ
EDELMAN & DICKER, LLP
/s/ Michael P. Manfredi
Michael P. Manfredi
Georgia Bar No. 784682
Counsel for Defendants Clairemont Office
Center, LLC and Transwestern Commercial
Services Georgia, LLC
4
Document Filed Date
February 01, 2022
Case Filing Date
November 29, 2021
Category
Tort - Premises Liability Tort*
Status
Case Status Pending
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IN THE STATE COURT OF GWINNETT COUNTY STATE OF GEORGIA TIMOTHY WAINWRIGHT, : : Plaintiff, : : CIVIL ACTION FILE v. : NO. 21-C-08499-S6 : EMORY UNIVERSITY, MACLEAN- : RIGGENS, INC., CLAIREMONT : OFFICE CENTER, LLC, : TRANSWESTERN COMMERCIAL : SERVICES GEORGIA, LLC, AND : JOHN DOES 1-3, : : Defendant. : CONSENT MOTION TO OPEN DEFAULT Plaintiff Timothy Wainwright and Defendant Transwestern Commercial Services Georgia, LLC, by and through their undersigned counsel, respectfully move the Court to open the default in this case. In support thereof, the parties show as follows: 1. Plaintiff filed this action on November 29, 2021.1 On December 8, 2021, Plaintiff filed an affidavit of service on Defendant.2 When Defendant did not file an answer by January 7, 2022, the case went into default.3 Because Defendant did not move to open the default within 15 days of that date, it may no longer open default as a matter of right.4 1 See Compl. 2 See Affidavit of Service. 3 See O.C.G.A. § 9-11-55 (b). 4 See id. 1 2. Defense counsel was retained on January 26, 2022 and filed an entry of appearance on January 27.5 Defense counsel then promptly asked Plaintiff to consent to open the default in this case, and Plaintiff agreed to do so. 3. Accordingly, Defendant respectfully moves this Court to open the default in this case. 4. Plaintiff has reviewed this motion and consents to opening the default. WHEREFORE, Defendant respectfully requests that this Court open the default in this case and permit Defendant to file its Answer to Plaintiff’s Complaint as if timely filed within 30 days of service. The parties have submitted a proposed order granting the requested relief. Respectfully submitted this 1st day of February, 2022. WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP /s/ Michael P. Manfredi 3348 Peachtree Road, N.E. Michael P. Manfredi Suite 1400 Georgia Bar No. 784682 Atlanta, GA 30326 Darshan Patel (470) 419-6650 Georgia Bar No. 466552 Fax (470) 419-6651 Counsel for Defendants Clairemont Office michael.manfredi@wilsonelser.com Center, LLC and Transwestern Commercial darshan.patel@wilsonelser.com Services Georgia, LLC (SIGNATURES CONTINUE ON FOLLOWING PAGE) 5 See Entry of Appearance. 2 Consented to by: CAIN INJURY LAW /s/ John A. Mays, Jr. (by Michael Manfredi w/ express consent) 521 Scenic Highway John A. Mays, Jr. Lawrenceville, GA 30046 Georgia Bar No. 537003 john@caininjurylaw.com Clayton Cain Georgia Bar No. 961772 Counsel for Plaintiff 3 CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing Consent Motion to Open Default was served upon all counsel of record by filing the same via the Court’s e-filing system, which will send electronic notification to counsel addressed as follows: John A. Mays, Jr. Clayton Cain Cain Injury Law 521 Scenic Highway Lawrenceville, GA 30046 john@caininjurylaw.com Counsel for Plaintiff This 1st day of February, 2022. WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP /s/ Michael P. Manfredi Michael P. Manfredi Georgia Bar No. 784682 Counsel for Defendants Clairemont Office Center, LLC and Transwestern Commercial Services Georgia, LLC 4