Center Capital Corporation v. Q.E.S.T., Inc. et al

Filing 41

Order REINSTATING this case against defendant Tim Phillips as set out. Signed by Judge Kristi K. DuBose on 12/13/2011. (copy mailed certified mail to Tim Phillips 70111570000211906265) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CENTER CAPITAL CORPORATION, Plaintiff, v. CHRIS COLLUM and TIM PHILLIPS, Defendants. ) ) ) ) ) ) ) CIVIL ACTION NO. 09-157-KD-M ORDER The matter is before the Court on a review of the record. On November 15, 2011, this Court ordered Defendant Tim Phillips to show cause by November 29, 2011 as to why this case should not be reinstated against him.1 On November 17, 2011, Tim Phillips was served with a copy of the Court’s show cause order (c/o his agent Toni Casey). (Doc. 40). To date, Defendant Tim Phillips has failed to file any response to this Court’s Order. Accordingly, it is ORDERED that this case is hereby REINSTATED against Defendant Tim Phillips. The Clerk is DIRECTED to mail a copy of this Order directly to Defendant Tim Phillips, via certified mail return receipt, to his address on record. DONE and ORDERED this the 13th of December 2011. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE 1 A stay was entered on July 23, 2009, staying all proceedings against Defendant Tim Phillips in light of his Suggestion of Bankruptcy (Doc. 26; Doc. 27). Plaintiff subsequently notified the Court (Doc. 35) that Defendant Tim Phillips’ bankruptcy case had been dismissed. Attorney Theodore L. Hall then filed a Response (Doc. 38) to the Court’s show cause order (Doc. 37) stating that he was Defendant Phillips’ attorney in the bankruptcy proceedings only, and does not represent Phillips in this present civil action. As such, a show cause order was issued as to Defendant Tim Phillips.

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