Update: Sure enough, Strong files an affidavit and several motions today. Despite filing her answers two weeks late after getting a thirty-one day extension from the Court, she suddenly starts complaining her kid had surgery and that was why she and everyone at Phelps Dunbar didn't bother to file anything until after Mr. Crook had a default entered against them. One wonders if Strong would have filed something Friday or today if Mr. Crook had not done so. Strong filed a Motion to set aside default, Strong's affidavit, Correct answer to amended complaint, Answer to entry of default
Original post: Perhaps Mike Crook finally caught a break. The former Ridgeland Alderman has experienced some tribulation over the last few years. His house blew up last month after a foundation repair company cut the gas line. A couple of years ago he was arrested by Ridgeland PD but was found not guilty in court. He filed a lawsuit in federal court earlier this year against Ridgeland and several of its officials seeking $700,000 in damages. The city's attorney, Sandra Strong of Phelps Dunbar, failed to answer his complaint on time so the clerk entered a default against Ridgeland.
Mr. Crook was returning a rental truck to a company on East State Street in Ridgeland on June 12, 2008. Mr. Crook dropped off the keys and was getting into the passenger's seat of a car when the Ridgeland PD. Officer Jason Rudd pulled up and told Mr. Crook he needed to see his ID. Mrs. Crook, the person the Crooks were helping move, and her child were also in the car. The officer and former Alderman had a dispute over why Mr. Crook needed to produce his driver's license (facts of case are in the attached complaint). Mr. Rudd, formerly of the JPD and is black, arrested Mr. Crook, who is white, for disorderly conduct. After negotiations between Mr. Crook and the prosecutor failed, in which Mr. Crook even agreed to apologize to tohe officer, the County Court found Mr. Crook not guilty of all charges.
Mr. Crook filed a complaint against the City of Ridgeland, Jason Rudd, Charlando Thompson, Jeff Thames, Mike Chapman, Jimmy Houston, Gene McGee, and several John Does on January 7, 2010. Copy of complaint. He filed an amended complaint on February 22, 2010. Copy of amended complaint. Mr. and Mrs. Crook charged the defendants with violating their civil rights under Sections 1983 and 1988 of the U.S. Code by violating their "rights of free speech, to be free from unreasonable searches and seizures, kidnapping, false imprisonments, and the right to due process of law". The plaintiffs also charged with the defendants with malicious prosecution, conspiracy, and intentional infliction of emotional distress. The Crooks (I know, don't laugh) asked for actual damages of $200,000 and punitive damages of $700,000. The Crooks (I still can't keep a straight face.) are representing themselves.
Ms. Strong requested from the court an extension on May 18, 2010 to file an answer. Ms. Strong asked for an extra thirty-one days. What is interesting is Ms. Strong states they were served "on or about April 30, 2010" but the summons returned executed filed states it was April 23, 2010 but why quibble over mere dates? Copy of summons executed The court approved her request and required her to file an answer by June 21, 2010.
June 21 came and went. Nothing happened. July 1 came and went. Nothing happened. The plaintiffs filed an "Application for Entry of Default" against the defendants on June 2, 2010. Copy of application. The Clerk filed a "Clerk's Entry of Default" the same day. Copy of clerk's entry. Plaintiff's affidavit of default. Suddenly that night, shazzam, Ms. Strong files her answer. Doesn't move to set aside default. Just files her answer. Just one problem. If you read both complaints, it appears Ms. Strong responded to the first complaint, not the second. Copy of belated answer
It is not clear what will happen in this case as the defendants will undoubtedly fight the default judgement. Rule 55(a) of the Federal Rules of Civil Procedure states:
"When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default."
Rule 55(b) states "If the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the clerk — on the plaintiff's request, with an affidavit showing the amount due — must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person."
However, there is the little matter of Rule 60:
"On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:
(1) mistake, inadvertence, surprise, or excusable neglect;"
I suspect Phelps Dunbar will be in court arguing for such relief. Stay tuned.
Tuesday, July 6, 2010
$700,000 default entered against Ridgeland, will it hold up?
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50 comments:
ridgeland won't pay this, phelps dunbar e & o carrier will.
The defendants would move to set aside the entry of default because a judgment has not been entered, at least according to what you've posted.
its just a docket entry of default. have to give 3 days notice to get default judgment since they had "appeared" so they'll wiggle out of this
"The plaintiffs filed an "Application for Entry of Default" against the defendants on July 22, 2010. "
That date hasn't happened in this dimension yet ;-)
Another example of a big firm lawyer who isn't fit to wear the mantle. Missing dates is inexcusable in the practice of law; it's akin to leaving an instrument in a patient after surgery.
Unfortunately, the city will be allowed to defend the case, since they did technically "appear". KF is right that the judge could still grant a default judgment, since bad lawyering answered only the first Complaint.
This is what happens when you let paralegals do all of your work and only review it in a cursory manner.
11:35- I agree. I'm guessing Gene McGee is thinking about another City Attorney other than Phelps Dunbar right about now.
you don't get defaults set aside just for the asking, even though defaults are disfavored and adjudication on the merits is preferred.
there will be a proper motion seeking to set aside the default soon enough and the soon to be unemployed attorney will tell us by affidavit what her excusable neglect, or equivalent, is. maybe this case should just be settled for the nuisance value it really has.
How do you get attorneys' fees when you are pro se and not an attorney? They must have plagiarized another complaint.
KF - Don't see the City's answer, is it available? While we all know the ins and outs of this deal, it would be interesting to see what the city claims makes it reasonable for this arrest and detainment. OFten have a problem with Mike and his tactics but in this instance, I wish him well. The strong-arming by local cops is not acceptable and maybe his pro se fight is just what cities around here need for a wakeup call
They have a clerk's entry of default. That isn't the same as a default judgment and is a far cry from money in the pocket.
Yup. I took out any and all "judgments". My mistake and my apologies. That is one reason I always include the original documents so that you guys can read for yourselves in case I miss something.
Answer is included now.
Affidavit of attorney said answer ready to file, baby had to have surgery and out the rest of that week, thought answer was filed, didn't check when she got back, realized it wasn't filed. 99% chance entry of default will be set aside. If there is a living breathing person on the other side of a suit, you almost can't get a default, state or federal.
Big friggin deal. Doesn't Phelps brag about how big they are? All their resources?
So she ran two weeks over after getting a 31 day extension and suddenly its the kid is sick excuse for missing all of that time?
Whatever.
what excuse is there for holding a prepared document until the last minute? why not file the document when its completed? do they get to bill for delays as well as actual time??
Phelps? Who knows. Their bills are artwork.
wanna bet they bill the client for the time expended on the motions and affidavits escaping the default? I'll give odds....
I remember one lawyer, well known, used to be in the legislature, would call up someone I knew he represented. Say "lets go eat lunch" so my friend would meet him for lunch, pick up the tab, they would never discuss the case, just shoot the breeze cuz he made it sound like they were now pals, and next month would get a bill for two hours. his excuse would be talk to the wiff, she was in charge of billing.
did they pay that bogus bill? fire that lawyer? please say yes to both.
Nope. Said he would just think of a way to bill him for those two hours somewhere else. Which is probably true.
well, every con artist benefits from a gullible victim.
Question. Do the Crooks like to file lawsuits?
Crook et al v. Olshan Foundation Repair Company of Jackson, LLC
Filed: May 3, 2010 as 3:2010cv00252
Well, if you had bothered to read the post, in the very first paragraph, I mentioned their HOUSE BLOWING UP after someone from Olshan allegedly cut the gas line. WLBT reported the story. Still on the website.
Can't say I blame them, can you?
any good republican shouldn't get upset about their dam house getting exploded if the company is a dam good GOP supporter. sad infidels.
If a law office has comfortable couches--watch out.
Lawyers love to lay on their asses and make money without actually having to work.
Looks like that policy backfired on good ole Phelps Dunbar.
Missed the blowing up of the home. My bad, I guess in this instance, I would seek redress through Olsham's insurance company. Their house and expenses should definately be reimbursed. Suing them for more or for the max on their insurance policy doesn't help you or I. It only helps someone who wants more than they are entitled to. I'm not saying this is the case, but that is most insurance attorneys MO. Don't know that having an attorney is entirely necessary, maybe recommended if they are denying the claim, but are they? Just wondering. Also, are they pro se in this action too?
Are you hinting at a conspiracy between the Olsham and Ridgeland Board with regards to Twin Lakes? I am seeing the connection to the arrest now.
How, other than your correction, would I know that this case was related? Foundation company info alone doesn't really make the connection, especially when you say last month and the case was filed in May. It is July. There are a lot of foundation companies.
His house blew up last month after a foundation repair company cut the gas line.
Taking liberty with facts and not presenting the true facts, the house blew up when? The suit was filed when? The company was who? The attempt to garner sympathy is approaching the fluff pieces of CL. Just saying. I understand steering the article for an agenda, and, it appears to be the case here. And, let it be known, Phelps Dunbar clearly set the bar pretty low. They must be proud.
What attempts to garner sympathy? Do tell.
cut saundra some slack. she's an associate and a young lawyer. it's not like she acted unethically or unprofessionally. the mistake she likely made was thinking that the supervising partner would cover the file in her absence. shit happens. ain't no big deal comrades.
Read...
His house blew up last month after a foundation repair company cut the gas line.
This exemplifies a number of exclusions. The post asked if we were also going to look at their suing Olsham. You were defensive.
Next, there is a question of another lawsuit filed two months prior to your post. So the house blew up before that, not last month. The statement is a pass by with little information and an attempt at sympathy. Lets explore all the facts. Not just a drive by. I normally do not jump on this stuff, but, you brought it.
Saundra is not a pro eh?
There's some amazingly stupid ad hominem attacks on KF here. Anyone with an IQ above room temperature should be able to connect some dots: 1) Olshan was the foundation company in question (not specifically mentioned originally because it was not germane to the initial post); 2) if my house blew up I would undoubtedly have a few higher priorities than filing a lawsuit (although I would eventually) - you nitwits should familiarize yourself witht the concept "statute of limitations". The only incompetence on clear display is the attorney who ignored a clear deadline. A child's emergency surgery is an acceptable excuse in my view, but who knows if the judge agrees or if the law gives the judge that leeway.
Here is Crook's press release.
Default Judgment Entered in Federal Court Against City of Ridgeland, Mayor Gene McGee, Chief Jimmy Houston and Other Police Officers.
City of Ridgeland Refuses to Answer $700,000 Lawsuit Filed by Former Alderman, Mike Crook and his wife, Patty.
City Could Be On Hook for Full $700,000.
RIDGELAND, Mississippi (Friday, July 02, 2010) – On or around April 23, 2010 the City of Ridgeland and others in the administration were served with a lawsuit seeking $700,000 in damages. That suit comes out of the false arrest of former Chancery Clerk and Alderman Mike Crook. Mike calls it a false arrest because on December 31, 2009 County Judge Ed Hannan found Mr. Crook not guilty on the charge of disorderly conduct. The City of Ridgeland had a time to appeal the verdict and chose not to, in effect, agreeing with the Judge’s decision. Mike said, “If the City felt that I needed to be prosecuted because I was guilty of a crime, then they should have and could have appealed the verdict all the way to the Supreme Court of the State of Mississippi. That’s what you do when someone is guilty and you disagree with the lower court verdict.” After the City failed to appeal the stinging decision of Judge Hannan, Mike and his wife, Patty filed suit to recover damages they had incurred from the false allegations and arrest. Patty states, “From the time of the arrest up to the day we filed our suit in Federal Court, we tried every way to get the City to settle this matter and make us whole, but appeals to City officials fell on deaf ears.”
Now the City has failed to defend themselves against the Federal lawsuit seeking $700,000 in damages for the blatant violations of Mike and Patty’s civil rights. On Friday, July 2, 2010, the United States District Court, Southern District entered Clerk’s Entry of Default Judgment against the City of Ridgeland, Gene McGee, Chief Jimmy Houston and the other officers involved in the violation of Mike and Patty Crook’s rights. The Clerk’s Entry of Default is the first step the court takes when a defendant has refused to answer a suit. In this case, the City requested additional time to answer the complaint and the court granted them until June 21, 2010 but the City did not answer on that date and did not answer the complaint until after the Clerk’s Entry of Default Judgment and after the lead attorneys were notified by the Court of the Default Entry.
Patty said, “What has happened to us throughout this process is not responsible government, and I believe we need to do something about it. For the benefit of Ridgeland and the people of the surrounding communities, those abusing police and government power need to be held accountable and we are ready to see the City of Ridgeland’s corruption exposed for all to see. Our desire all along has been for the Aldermen to investigate and get to the bottom of this. You can’t imagine what the cost has been to us financially, emotionally and to our good name. It is now past time that Ridgeland needs to clean up the mess and make us whole.”
Contact:
Mike & Patty Crook
Its not acceptable when she got an extra 31 days and then ran two weeks late and even then only filed an answer when a default was entered by the clerk.
maybe Ridgeland was waiting for former Ridgeland PD officer Daniel Soto to agree to testify ;-)
Dear Mike Crook,
The government cannot appeal not guilty verdicts.
You never had a default judgment.
You are an idiot. Thank God you are out of public office.
Sincerely,
Jimmy Houston
10:40 AM:
YOU LIE!!!
Ridgeland's day is coming in the Soto case(s), just wait.
Kingfish, in the interest of fair disclosure, you're a close friend of the plaintiff and/or the plaintiff's lawyer right? Or is it some personal grudge against this Strong person, or Phelps Dunbar?
I ask because this seems like a pretty trivial thing to spend time writing about. Defaults happen from time to time, and they usually get set aside, as this one will. Plaintiffs lawyers get a pass on stuff far worse than this --stuff that implicates dishonesty and ethical lapses, not just neglect-- on a pretty regular basis.
Maybe I missed the back story, but what's your angle on this?
Why is it when I write about something its assumed I'm a close friend of the subject? In this case I am not friends with Mr. Crook. I've spoken to him maybe three times and never face to face.
I found the story interesting for several reasons. There was a default entered against a local city. The facts underlying the basis for the lawsuit were interesting: former alderman and chancery clerk gets into it with the police. The lawyer was very sloppy. I found it an interesting story and judging by the comments and traffic, I was not the only one who thought so.
Did you hit a nerve with Phelps?
Entries of default are not as rare as everyone here think, and are regularly set aside. If default judgment had been entered, then there would have been a serious problem. Everyone makes mistakes. Cut Saundra Strong some slack. Little do people realize the pressure involved in working in a law firm, whatever the size. Most lawyers that I know do not sit on their comfortable couches billing clients for pondering about their cases. Most are hard-working, spend more than 50 hours a week in a high pressure work environment, and then have to try and balance their personal lives and their work lives. It is an extremely tough proposition. I suppose everyone psoting here has never made a mistake in the workplace or otherwise.
Oh how I love My Mississippi, but Oh we are a stupid bunch and must be in a click to get Justice. Not knowing Mr. Crook it appears some click didn't click and lo and behold his life and family have been put thru Hell. Betcha that 700k could really put him back in the click and kick those who is confirmed to have helped do this dasterly deed out of the click. Please keep me updated Kingfish, there's a book here somewhere.
6:31
do you mean 'clique'?
Some cliques just don't click.
Leah at Madison newspaper article-"A federal court has set aside a clerk’s entry of default against the city of Ridgeland for failing to respond on time to an ex-alderman’s false arrest lawsuit."
Not surprised. All the lawyers I know told me it would be stricken as judges like to hear the merits.
i thought i heard the sound of a hundred assholes all unpuckering at one time. sounded like when you open a can of tennis balls.
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