Dukes v. Quality Mental Health, Inc. et al

Filing 32

ORDER granting 27 Motion to Vacate Clerk's Entry of Default as to H.L. Hodges; and Dismissing Cause as to H.L. Hodges with prejudice. Signed by District Judge Sharion Aycock on 10/26/18. (jla)

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IN THE UNITED STATES COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION FLORA DUKES VS. PLAINTIFF CIVIL ACTION NO.: 4:18-CV-063-SA-JMV QUALITY MENTAL HEALTH, INC. f/k/a LIFE HELP, INC., BEACON HARBOR, INC., BEACON HARBOR II, INC., & H.L. HODGES DEFENDANTS ORDER VACATING CLERK’S ENTRY OF DEFAULT AND DISMISSING THE COMPLAINT AS TO DEFENDANT H. L. HODGES ONLY, WITH PREJUDICE THIS matter is before the Court upon the Joint Motion of the Plaintiff and all Defendants who have appeared in this action seeking Vacation of the Clerk’s Entry of Default entered against Defendant H. L. Hodges on August 27, 2018 [Doc. 25] and Dismissal of the Complaint as to Defendant H. L. Hodges only, with Prejudice, [Doc. 27] and the Court being advised in the premises that the parties have agreed to this relief on the basis that Mr. Hodges died prior to the filing of suit, and finding that the agreement of the parties should be made a Consent Order of this Court, does hereby order that the Clerk’s Entry of Default against H. L. Hodges of August 27, 2018 [Doc. 25] is hereby vacated and the Complaint is dismissed with prejudice as to Defendant H. L. Hodges, only. In all other respects, the Complaint shall remain pending. ORDERED and ADJUDGED, this the 26th day of October, 2018. /s/ Sharion Aycock UNITED STATES DISTRICT JUDGE Approved: /s/ Casey Langston Lott____________ CASEY LANGSTON LOTT, ESQ. /s/ Glen J. Dunn_________________ GLEN J. DUNN, ESQ. /s/ Jeffrey Grant Brown_____________ JEFFREY GRANT BROWN, ESQ. /s/ Martin Joseph Regimbal___________ MARTIN JOSEPH REGIMBAL, ESQ.

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