Bond Safeguard Insurance Company v. Roy et al

Filing 17

ORDER: This matter was set for a telephone conference on 3/14/2012, at 11:00 a.m. It was clearly specified that the telephone conference would only be canceled if default was issued as to all Defendants. From an examination of the docket sheet it app ears that an effort to serve the last remaining Defendant has been made. The docket does not reflect whether or not service of process was actually accomplished on Mr. Roy. Plaintiff's counsel is requested to advise the Court the date Mr. Roy wa s served. Plaintiff's counsel is free to file a motion for default. In filing for default the Plaintiff may need to provide a certificate showing that none of the individual Defendants are in the military service. Signed by Magistrate Judge Joe Brown on 3/15/12. (dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
BOND SAFEGUARD INSURANCE COMPANY,
)
)
Plaintiff
)
)
v.
)
)
GERALD R. ROY, et al.,
)
)
Defendants
)

No. 3:11-1129
Judge Nixon/Brown

O R D E R
This matter was set for a telephone conference on March
14, 2012, at 11:00 a.m.

It was clearly specified that the

telephone conference would only be canceled if default was issued
as to all Defendants.
Counsel for the Plaintiff later did call in and explained
that his flight had originally been scheduled to land in sufficient
time for him to make the 11:00 call, but due to an unexpected delay
the aircraft was still in flight at 11:00 and he could not make the
requisite call.
From an examination of the docket sheet it appears that
an effort to serve the last remaining Defendant has been made. The
docket does not reflect whether or not service of process was
actually accomplished on Mr. Roy. Plaintiff’s counsel is requested
to advise the Court the date Mr. Roy was served.
counsel is free to file a motion for default.

Plaintiff’s

In filing for

default the Plaintiff may need to provide a certificate showing
that none of the individual Defendants are in the military service.

It is so ORDERED.

/s/ Joe B. Brown
JOE B. BROWN
United States Magistrate Judge

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