Request for Entry of Default — U.S. v. Bailey

Record facts

U.S. District Court, Southern District of West Virginia · No. 5:24-cv-00456 · Doc. 9 · 2024-10-04 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA 
AT BECKLEY 
 
UNITED STATES OF AMERICA, 
 
 
 
Plaintiff, 
 
v.  
 
 
 
 
 
 
Civil Action No. 5:24-cv-00456 
 
RYAN BAILEY and RKB, INC., 
 
 
 
Defendants. 
 
REQUEST OF THE UNITED STATES OF AMERICA FOR ENTRY OF  
DEFAULT AGAINST DEFENDANTS RYAN BAILEY AND RKB, INC. 
 
 
Pursuant to Fed.R.Civ.P. 55(a), plaintiff United States of America (“United States”) 
requests that the Clerk enter the default of defendants Ryan Bailey and RKB, Inc., because 
defendants Ryan Bailey and RKB, Inc., have failed to appear, plead, or otherwise respond to the 
Complaint filed in this civil action within the time required by law.  The United States further 
states as follows: 
 
1. 
The Complaint was filed in this civil action on August 28, 2024. See ECF No. 1.  
Summonses were issued by the Clerk for defendants Ryan Bailey and RKB, Inc., on August 29, 
2024. See ECF Nos. 5, 5-1. 
 
2. 
A copy of the summons and complaint was served upon the Secretary of State of 
West Virginia as statutory attorney-in-fact for RKB, Inc., and the Secretary of State of West 
Virginia filed a notice on September 11, 2024, indicating that service had been accepted on behalf 
of RKB, Inc., by the Secretary of State of West Virginia as statutory attorney-in-fact for RKB, Inc. 
See ECF No. 6.  A return of service showing service on Ryan Bailey on September 11, 2024, was 
filed with the Court by Deputy United States Marshal Justin Ford of the United States Marshals 
Service on September 12, 2024.  See ECF No 7. A return of service showing service on RKB, Inc., 
Case 5:24-cv-00456     Document 9     Filed 10/04/24     Page 1 of 4 PageID #: 36

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by service on Ryan Bailey as President of RKB, Inc., on September 11, 2024, was filed with the 
Court by Deputy United States Marshal Justin Ford of the United States Marshals Service on 
September 12, 2024. See ECF No 8. The above services were all valid pursuant to Fed.R.Civ.P. 4 
and applicable federal law. 
 
3. 
Defendants Ryan Bailey and RKB, Inc., have failed to appear, plead, or otherwise 
respond to the Complaint filed in this civil action within the time required by law (which was, 
October 2, 2024), and the time for doing so under has now expired. See Fed.R.Civ.P. 12. 
 
4. 
Pursuant to Fed.R.Civ.P. 55(a), “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.” 
 
5. 
The United States has met the procedural requirements for obtaining entry of 
default as demonstrated by the record before the Court, namely ECF Nos. 1, 6, 7, and 8, and the 
failure of defendants Ryan Bailey and RKB, Inc., to appear, plead, or otherwise respond to the 
Complaint filed in this civil action within the time required by law. 
 
Therefore, the United States respectfully requests that the Clerk enter default against 
defendants Ryan Bailey and RKB, Inc., upon the record of the Court. 
 
 
 
 
 
 
 
Case 5:24-cv-00456     Document 9     Filed 10/04/24     Page 2 of 4 PageID #: 37

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Respectfully submitted. 
 
 
 
 
 
 
 
WILLIAM S. THOMPSON 
 
 
 
 
 
 
 
United States Attorney 
 
 
 
 
 
 
 
 
 
s/Fred B. Westfall, Jr. 
 
 
 
 
 
 
 
WV State Bar No. 3992 
 
 
 
 
 
 
 
Assistant United States Attorney 
 
 
 
 
 
 
 
Attorney for United States 
 
 
 
 
 
 
 
300 Virginia Street East, Room 4000 
 
 
 
 
 
 
 
Charleston, WV  25301 
 
 
 
 
 
 
 
Phone: 304-345-2200 
 
 
 
 
 
 
 
Fax: 304-347-5443 
 
 
 
 
 
 
 
E-mail: fred.westfall@usdoj.gov 
 
 
 
 
 
 
 
Counsel for Plaintiff United States of  
 
 
 
 
 
 
 
America 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 5:24-cv-00456     Document 9     Filed 10/04/24     Page 3 of 4 PageID #: 38

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CERTIFICATE OF SERVICE 
 
I, Fred B. Westfall, Jr., Assistant United States Attorney for the Southern District of West 
Virginia, hereby certify that on October 4, 2024, I electronically filed the foregoing REQUEST 
OF THE UNITED STATES OF AMERICA FOR ENTRY OF DEFAULT AGAINST 
DEFENDANTS RYAN BAILEY AND RKB, INC. with the Clerk of the Court, and I also served 
a copy thereof upon the following person and entity by United States mail, postage prepaid: 
 
 
Ryan Bailey 
429 Rebecca Lane 
Beaver, WV 25813 
 
RKB, Inc. 
c/o Ryan Bailey 
429 Rebecca Lane 
Beaver, WV 25813 
 
 
 
s/Fred B. Westfall, Jr. 
WV State Bar No. 3992 
Assistant United States Attorney 
Attorney for Defendant United States of  
 
 
 
 
 
 
 
America 
300 Virginia Street East, Room 4000 
Charleston, WV  25301 
Phone: 304-345-2200 
Fax: 304-347-5443 
E-mail: fred.westfall@usdoj.gov 
 
 
 
 
 
 
 
Case 5:24-cv-00456     Document 9     Filed 10/04/24     Page 4 of 4 PageID #: 39

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