Ernie Haire Ford, Inc. v. Atkinson

Filing 22

ORDER: Defendant Marie Samantha Murphy is directed to provide the Court with an updated address by September 2, 2015. Signed by Judge Virginia M. Hernandez Covington on 8/3/2015. (DRW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
IN RE:
ERNIE HAIRE FORD, INC.
____________________________/

Case No. 8:08-bk-18672-CPM

WILLIAM M. ROBERTS, as
Liquidating Agent for ERNIE
HAIRE FORD, INC.,
Plaintiff,
v.

Case No. 8:15-cv-476-T-33

BENJAMIN ATKNINSON, and MARIE
SAMANTHA MURPHY,
Defendants.
____________________________/
ORDER
This matter comes before the Court sua sponte. On July
31, 2015, the filings sent to Defendant Marie Samantha Murphy
were returned to the Court as undeliverable.
The Court notes that, when participating in this action,
Murphy

provided

only

one

mailing

address,

which

proved

unsuccessful. Murphy has a duty to inform the Court of any
address change. See Weston v. St. Petersburg Police Dept.,
No. 8:09-cv-495-T-27TBM, 2010 U.S. Dist. LEXIS 91798 (M.D.
Fla. Aug. 9, 2010) ("A party has a duty to keep the Court

informed of his/her address."); Lewis v. Conners Steel Co.,
673 F.2d 1240, 1243 (11th Cir. 1982) (stating that it is "fair
and reasonable for [a party] to assume the burden of advising
. . . of address changes or to take other reasonable steps to
ensure delivery

. . . to his current address."); Penaloza v.

Target Corp., No. 8:11-cv-2656-T-33AEP, 2012 U.S. Dist. LEXIS
15007 (M.D. Fla. Feb. 8, 2011) ("If plaintiff should change
her address at any time during the course of this litigation,
she shall immediately advise the court of that change by
filing a 'Notice of Change of Address,' which shall set forth
her

new

mailing

address

and

all

other

applicable

information.").
Murphy has not fulfilled this obligation and the Court
is without means to contact Murphy. Therefore, the Court
advises Murphy that failure to provide the Court with an
updated address will result in the imposition of sanctions,
which may include the striking of Murphy’s pleadings and the
entry of Clerk’s default against Murphy upon the filing of a
proper motion from Plaintiff.
Accordingly, it is hereby
ORDERED, ADJUDGED, and DECREED:
Defendant Marie Samantha Murphy is directed to provide
the Court with an updated address by September 2, 2015.

2

DONE and ORDERED in Chambers in Tampa, Florida, this 3rd
day of August, 2015.

Copies:

All Counsel and Parties of Record

3