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Larry Drabot Prevails in Default Judgment Motion Against his Client

Larry Drabot was recently successful in the Circuit Court of Milwaukee County in avoiding a default judgment against his client where a summons and complaint was not referred to counsel until months after the deadline to answer had passed.  Based on Larry's arguments of office disruptions due to Covid-19, including staffing shortages and technology deficiencies, the court found excusable neglect and allowed the filing of a late answer while denying plaintiff’s motion for default judgment.  The court further held that while there may have been some prejudice to the plaintiff, there was no showing of “undue prejudice” and that the interests of justice, allowing parties to have their disputes litigated, and avoiding the harsh sanction of a default, all favored allowing the Larry's client additional time to file its Answer.

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