Owens v. Aig Commercial Ins. Co. Of Canada, DOCKET NO. 2:10 CV 00027

• Court: United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Western District of Louisiana
• Writing for the Court: PATRICIA MINALDI
• Parties: LESLIE J. OWENS v. AIG COMMERCIAL INSURANCE COMPANY OF CANADA, PAPINEW TRANSPORTATION AND BEAULIEU GILLES
• Docket Number: DOCKET NO. 2:10 CV 00027
• Decision Date: 14 December 2010

LESLIE J. OWENS
v.
AIG COMMERCIAL INSURANCE COMPANY OF CANADA,
PAPINEW TRANSPORTATION AND BEAULIEU GILLES

DOCKET NO. 2:10 CV 00027

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAKE CHARLES DIVISION

Dated: December 14, 2010

MEMORANDUM RULING

JUDGE MINALDI

MAGISTRATE JUDGE KAY

Presently before the court is a Motion to Dismiss [doc. 18], by the defendants, for Failure to Comply with Court Order and to Prosecute the Matter. The plaintiff, Leslie Owens ("Owens"), has not filed an opposition.

Facts¹

The plaintiff, Leslie Owens, filed suit on November 16, 2009. Shortly thereafter, the plaintiff's counsel of record advised that he was withdrawing. On March 17, 2010, a status conference was held by telephone with John Lee Hoffoss, Jr. (plaintiff's counsel of record), Leslie Owens, Daniel Webb (defense counsel) and Magistrate Judge Kay. Magistrate Judge Kay explained to plaintiff the responsibilities she would bear in representing herself once the court granted the motion to withdraw submitted by her attorney. The plaintiff was advised that these responsibilities would include an obligation to comply with all deadlines.

Page 2

On April 22, 2010, a scheduling conference was held with Jessica Cozart, Owens and Magistrate Judge Kay. Owens indicated she had an appointment with an attorney the following Monday (April 26, 2010). The Court again reminded Owens that until she retained an attorney, she personally remained responsible for doing any and all tasks necessary to represent herself.

From May until August, 2010, Owens' telephone number was disconnected and she failed to respond to any correspondence mailed by defense counsel. On August 13, 2010, defense counsel mailed Owens Interrogatories and Requests for Production of Documents via certified mail. On August 24, 2010, Owens contacted the defense counsel's office to discuss the discovery responses. Counsel advised of the time restraints and also requested if she did retain an attorney to please advise. Owens provided a new telephone number.

On September 16, 2010, defense counsel contacted Owens to discuss the outstanding discovery responses. Owens advised she retained attorney, Lydia Guillory Lee and therefore, defense counsel ceased all discussions and contacted Ms. Lee's office. Ms. Lee's office advised she had a consultation with Owens but Owens never returned to complete the necessary paperwork and at this time she was not her attorney. Ms. Lee's office also advised they had not opened a file for Ms. Owens or enrolled as counsel.

On September 27, 2010, the defendants were required to file a Motion to Compel Discovery Responses. The plaintiff did not oppose the Motion or respond in any way. On...