Walker et al v. Williamson et al

Filing 503

ORDER. The Court finds Evanston should be sanctioned. Evanston is ordered to pay into the registry of the Court an amount equal to three hours of attorneys' fees for the attorneys present at the settlement conference. The attorneys attending the settlement conference are directed to file a statement with the Court within 15 days with their hourly billing rate. The Court will fix the amount to be paid by Evanston, and after it is paid into the registry, will direct the Clerk to remit the respective amounts to the attorneys. Signed by District Judge Keith Starrett on 6/2/2017 (dtj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
SCOTT WALKER, et al.
v.

PLAINTIFFS
CIVIL ACTION NO. 1:14-CV-381-KS-MTP

JIMMY WILLIAMSON, et al.

DEFENDANTS

ORDER
This matter is before the Court on its own Order to Show Cause [500] concerning sanctions
against Evanston Insurance Company (“Evanston”), the insurance carrier for Jimmy Williamson
and Cyndy Rusnak.1 The Court previously set out its authority to sanction Evanston and its reasons
for doing so in its previous Order [500], and allowed Evanston an opportunity to respond before
sanctions were levied against it. In its Response [502], Evanston did not give good cause for its
absence at the settlement conference. All of the information Evanston details concerning its need
of Williamson and Rusnak’s approval before paying anything under the policy, was explained to
the Court prior to the settlement conference, and the Court ordered it to send an agent with
authority despite this information, which Evanston failed to do.

Furthermore, Evanston’s

explanation as to the other pending litigations it was involved in concerning these same issues only
further proves that their interest in the matter in this action was high and that they should have
been at the conference.
Therefore, under the authority cited in its previous Order [500] and for those reasons
explained therein, the Court finds that Evanston should be sanctioned. The Court finds that an
appropriate sanction would be the attorneys’ fees for all of the attorneys present at the settlement

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Evanston was incorrectly identified in the previous Order [500] as “Markell Services, Inc.”

conference for the three additional hours wasted at the conference because of Evanston’s failure
to comply with the Court’s order requiring them to send an agent with authority.
Evanston is therefore ordered to pay into the registry of the Court an amount equal to three
hours of attorneys’ fees for the attorneys present at the settlement conference. The attorneys
attending the settlement conference are directed to file a statement with the Court within 15 days
with their hourly billing rate. The Court will fix the amount to be paid by Evanston and, after it is
paid into the registry, will direct the Clerk to remit the respective amounts to the attorneys.
SO ORDERED AND ADJUDGED, on this, the __2nd___ day of June, 2017.

__s/Keith Starrett__________________
KEITH STARRETT
UNITED STATES DISTRICT JUDGE

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