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Welch v. Prop Transport & Trading, LLC

United States District Court, N.D. Mississippi, Greenville Division

June 1, 2017

DEWEY WELCH PLAINTIFF
v.
PROP TRANSPORT & TRADING, LLC DEFENDANTS

          ORDER GRANTING MOTION TO SET ASIDE DEFAULT

          JANE M. VIRDEN UNITED STATES MAGISTRATE JUDGE.

         This matter is before the court on Defendant Prop Transport & Trading, LLC's Amended Motion to Set Aside Default [138]. Upon due consideration of this case and the applicable law, the court finds Defendant's Motion to Set Aside Entry of Default should be granted.

         Relevant Procedural History

         The relevant timeline of this case is as follows:

1) On December 21, 2015, Plaintiff filed his original complaint in this action [1].
2) On December 28, 2015, Plaintiff filed his amended complaint [2].
3) Also on December 28, 2015, summons was issued [3] as to Defendants Greenville Port Commission, Prop Transport & Trading, LLC and Terral RiverService, Inc.[1]
4) Summons was executed upon Prop Transport & Trading, LLC, and the return was filed as of record on February 10, 2016 [6].
5) A clerk's notice of default as to Prop Transport was entered on April 7, 2016 [11].
6) On August 25, 2016, an unopposed motion to set aside default [39] was filed by counsel, Herman Cox of Maynard, Cooper & Gale, P.C., for Prop Transport.
7) On August 30, 2016, the first motion to set aside default [39] was granted.
8) On August 31, 2016, Prop Transport filed a motion to dismiss for failure to state a claim [42] and an accompanying memorandum [43]. The court ultimately denied the motion on November 1, 2016, finding that the motion to dismiss was premature.[2]Specifically, this court held that “Based upon the facts pled in the amended complaint, the undersigned declines to definitively find as a matter of law that Welch's work as a barge-loading supervisor precludes him from seaman status under the Jones Act.” Order Denying Motion to Dismiss [72] at 13.
9) Following the court's denial of the motion to dismiss, no answer was filed on behalf of Prop Transport. However, counsel for Prop Transport continued to participate in some discovery and file pleadings with the court after its answer was due. Prop Transport filed an answer to the crossclaim filed by Greenville Port Commission on November 30, 2016 [79] and filed a Notice of Service of Discovery to Plaintiff and cross-claimant Greenville Port Commission [89] on January 6, 2017.
10) On February 7, 2017, counsel for Prop Transport, Herman Cox, Ben Segarra, and Jaime Betbeze of Maynard, Cooper & Gale, ...

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