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COMMONWEALTH OF KENTUCKY
FRANKLIN CIRCUIT COURT
DIVISION 1
CIVIL ACTION No. 06-CI-00365
COMMONWEALTH OF KENTUCKY
COMMERCE CABINET
KENTUCKY HISTORICAL SOCIETY PETITIONER
v.
ERIC JAMES, et al. RESPONDENTS
ORDER and OPINION
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This matter is before the Court upon the Petitioner's motion for default judgement. The Court has review the record
and the applicable law and now GRANTS the motion.
INTRODUCTION
This case is an appeal of the Attorney General's Open Record decision in 06-ORD-031. That decision involved the Respondents'request
for the names and identifying information of the 3,800 people listed on the Kentucky Historical Society's membership roster.
The Attorney General held that the KHS' decision to withhold the home addresses, e-mail addresses, and telephone numbers of
its members was justified under the personal Privacy exemption of KRS 61.878(1)(a). However, the Attorney General went on
to say that the names of the KHS members were subject to disclosure and that this information should be turned over to the
Respondents. KHS appealed the decision to this Court and summons was served on the Respondents on March 14, 2006. The Respondents'
failed to file an answer until April 12, 2006, nine (9) days after the twenty (20) day time period dictated by CR 4.02.
STANDARD OF REVIEW
Kentucky CR 4.02 states unless a written defense is made by him or by an attorney in his behalf within 20 days following
the day on which the summons is served on him a judgement may issue against him for the relief demanded. Although default
judgments are disfavored by Kentucky law, they will be entered absent a showing of reasonable excuse or good cause. Howard
v. Founatin,749 S.W.2d 690, 692, (Ky. App. 1988), citing Green Seed v. Harrison, 663 S.W.2d 755 (Ky. App. 1984.)
DISCUSSION
The Respondants have failed to provide this Court with a reasonable excuse or good cause for their late filing. It
is well established under Kentucky law that a party's carelessness in litigating a case will not overcome entry of a default
judgement. S.R. Blanton Development, Inc. V. Investors Realty and Management, 819 S.W.2d 727, 729 (Ky. App. 1991). In this
case, the Respondents' failure to obtain legal counsel for this appeal is considered carelessness and is no excuse for late
filing. As a result, despite the fact that the Attorney General's opinion was legally sound, the KHS is not required to turn
over a list of its members.
CONCLUSION
The Respondent's have not provided the Court with a reasonable excuse or good cause for the late filing of their
answer in this case. The Petitioner's motion for default of judgement is GRANTED.
SO ORDERED this 15th day of June, 2006.
There being no just cause for delay, this is a final and appealable order.
(S) Roger L. Crittenden
Judge, Franklin Circuit
Court
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