Progressive Gulf Insurance Company et al v. Perkins et al

Filing 169

ORDER denying without prejudice 168 Motion for Default Judgment. The Court directs attorney William F. Jordan to immediately comply with Judge Andersons Order 165 . Jordan must file a formal notice disclosing Turners address and phone number by Friday, December 4, 2015. Jordan must also file a certificate of service indicating that Turner has been provided a copy of the October 14, 2015 Order 165 within fourteen (14) days. In addition, Jordan is instructed provide Turner with a copy of this Order. Failure to comply may result in sanctions. Signed by District Judge Daniel P. Jordan III on December 2, 2015. (EH)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
PROGRESSIVE GULF INSURANCE COMPANY, ET AL.
V.

PLAINTIFFS

CIVIL ACTION NO. 3:14CV690 DPJ-LRA

OSCAR PERKINS, ET AL.

DEFENDANTS
ORDER

On October 14, 2015, Magistrate Judge Linda R. Anderson entered an Order [165]
granting William F. Jordan’s motion to withdraw as counsel of record for Defendant Matthew
Turner. The Court instructed Jordan to serve a copy of the Order upon Matthew Turner by
certified mail, return receipt requested, and file a certificate of service within fourteen (14) days.
Judge Anderson also instructed Jordan to file a formal notice with the Court setting forth
Turner’s last known address and telephone number. The docket reflects that Jordan has not
complied, and the time to do so has passed.
Accordingly, the Court directs Jordan to immediately comply with Judge
Anderson’s Order. Jordan must file a formal notice disclosing Turner’s address and
phone number by Friday, December 4, 2015. Jordan must also file a certificate of service
indicating that Turner has been provided a copy of the October 14, 2015 Order [165]
within fourteen (14) days. In addition, Jordan is instructed provide Turner with a copy of
this Order. Failure to comply may result in sanctions.
In her Order, Judge Anderson granted Defendant Turner until November 6, 2015, to
employ new counsel or notify the Court in writing that he intends to represent himself. Because
it is not clear that Turner received a copy of the October 14, 2015 Order, the deadline to employ
new counsel or notify the Court is extended to January 11, 2016.

Finally, on November 9, 2015, Plaintiffs filed a motion for default judgment [168] as to
Defendant Turner, citing his failure to appear for two depositions (April 8, 2015 and September
17, 2015), his failure to meet the November 6, 2015 deadline to employ new counsel or
announce his intention to proceed pro se, and Jordan’s failure to comply with Judge Anderson’s
Order [165]. The motion reflects that it was sent only to Jordan, which is understandable since
Jordan failed to provide notice of Turner’s last known address. Neither Turner nor Jordan has
responded.
While a default judgment may ultimately be appropriate in this case, the Court finds that
the present motion [168] should be denied without prejudice. It does not appear that Turner
received notice that his attorney moved to withdraw or that the Court granted that motion.
Likewise, it is not apparent that Turner received a copy of the motion for a default judgment.
Accordingly, default judgment is inappropriate at this time.
SO ORDERED AND ADJUDGED this the 2th day of December, 2015.
s/ Daniel P. Jordan III
UNITED STATES DISTRICT JUDGE