Baker v. Holman et al

Filing 61

ORDER denying 28 Plaintiff's First Motion for Default Judgment As to Defendant Rogers Lee Holman. Signed by District Judge Sharion Aycock on 2/12/2010. (khj, USDC)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION ESPERONDA BAKER V. ROGERS LEE HOLMAN, in his individual capacity, CITY OF OKOLONA, MISSISSIPPI and CNA SURETY CO. a/k/a WESTERN SURETY CO. PLAINTIFF CIVIL ACTION NO.: 1:09CV36-SA-JAD

DEFENDANTS

ORDER DENYING FIRST MOTION FOR DEFAULT AS TO DEFENDANT ROGERS LEE HOLMAN A hearing was held before the Court on Plaintiff's First Motion for Default Judgment as to Defendant Rogers Lee Holman [28]. Defendant Holman appeared and testified that he had not properly been served with process. Holman expressed his desire to file an Answer to the Complaint. The Court instructed Holman to immediately seek counsel and file his Answer. Based on the testimony at the hearing, the Court finds Plaintiff's First Motion for Default as to Defendant Rogers Lee Holman [28] is not well taken and is denied. SO ORDERED, this the 12th day of February, 2010. /s/ Sharion Aycock UNITED STATES DISTRICT JUDGE