Court filing
RKB, Inc.'s Motion to Set Aside Entry of Default — U.S. v. Bailey
Record facts
| Court | U.S. District Court, Southern District of West Virginia |
|---|---|
| Filed | 2024-11-26 |
U.S. District Court, Southern District of West Virginia · No. 5:24-cv-00456 · Doc. 17 · 2024-11-26 · Docket on CourtListener
Summary
A motion by defendant RKB, Inc. to set aside the clerk's entry of default in United States of America v. Ryan Bailey and RKB, Inc., Civil Action No. 5:24-CV-00456, in the U.S. District Court for the Southern District of West Virginia, filed November 26, 2024 as Doc. 17. Filed by counsel James R. Sheatsley, it asks the court to set aside the default entered October 16, 2024 under Federal Rule of Civil Procedure 60(b) and 60(c). The motion states that RKB, Inc. is a West Virginia corporation whose sole shareholder is codefendant Ryan Bailey, who was between counsel when the default was entered and has filed a similar motion (Docket Number 15). It asserts that the plaintiff is not prejudiced and that the motion is timely. The three-page filing ends with a certificate of service.
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Full text
1 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA Beckley Division UNITED STATES OF AMERICA, Plaintiff, v. Civil Action No.: 5:24-CV-00456 RYAN BAILEY and RKB, INC. Defendant. MOTION OF THE DEFENDANT, RKB, INC., TO SET ASIDE ENTRY OF DEFAULT PURSUANT TO RULE 60 OF THE WEST VIRGINIA RULES OF CIVIL PROCEDURE Now comes the Defendant, RKB, Inc., by counsel, James R. Sheatsley, and moves this Honorable Court to set aside the entry of Default by the Clerk entered on the 16th day of October, 2024 pursuant to Federal Rule of Civil Procedure 60(b)(1), 60(b)(6) and 60(c). In support thereof, the Defendant, RKB, Inc., represents as follows. 1. RKB, Inc. is a West Virginia corporation of which the sole shareholder is Codefendant, Ryan Bailey, 2. Ryan Bailey has recently, by appointed counsel, filed a similar Motion to Set Aside Entry of Default by Clerk. 3. At the time the Default was entered October 16, 2024, the Codefendant, Ryan Bailey, was in transition as between counsel all as set forth in the Motion of Ryan Bailey to Set Aside Default by Clerk. See Docket Number 15. 4. Inasmuch as the sole shareholder of RKB, Inc. was without counsel, he had no legal representation to advise him of the legal ramifications related to Codefendant, RKB, Inc., of which he is the sole shareholder. 5. Codefendant, RKB, Inc., respectfully represents that the Plaintiff herein is not prejudiced by entry of an Order setting aside the Default Judgment. Case 5:24-cv-00456 Document 17 Filed 11/26/24 Page 1 of 3 PageID #: 108 2 6. The Codefendant, RKB, Inc., respectfully represents that this Motion under Rule 60(b) of the Federal Rules of Civil Procedure has been timely made. WHEREFORE, the Codefendant, RKB, Inc., prays that this Honorable Court set aside the Default entered October 16, 2024. RKB, Inc. By Counsel, /s/ James R. Sheatsley James R. Sheatsley (WVBN 3359) Gorman, Sheatsley & Company, LC PO Box 5518 ● 343 Prince Street Beckley, WV 25801 Phone: (304) 252-5321 jsheatsley@gormansheatsley.org Case 5:24-cv-00456 Document 17 Filed 11/26/24 Page 2 of 3 PageID #: 109 3 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA Beckley Division UNITED STATES OF AMERICA, Plaintiff, v. Civil Action No.: 5:24-CV-00456 RYAN BAILEY and RKB, INC. Defendant. CERTIFICATE OF SERVICE I, James R. Sheatsley, counsel for the Defendant, RKB, Inc., do hereby certify that I electronically filed the foregoing MOTION OF THE DEFENDANT, RKB, INC., TO SET ASIDE ENTRY OF DEFAULT PURSUANT TO RULE 60 OF THE WEST VIRGINIA RULES OF CIVIL PROCEDURE with the U.S. District Court, Southern District of West Virginia using the CM/ECF system maintained by the Court which will notify the following person(s) via electronic mail this the 25th day of November, 2024. Fred B. Westfall, Jr. Assistant United States Attorney .300 Virginia Street East, Room 4000 Charleston, WV 25301 Counsel for the Plaintiff G. Todd Houck Hrko Building 105 Guyandotte Avenue Mullens, WV 25882 Counsel for Ryan Bailey /s/ James R. Sheatsley James R. Sheatsley (WVBN 3359) Gorman, Sheatsley & Company, LC PO Box 5518 ● 343 Prince Street Beckley, WV 25801 Phone: (304) 252-5321 jsheatsley@gormansheatsley.org CC: Client electronically Case 5:24-cv-00456 Document 17 Filed 11/26/24 Page 3 of 3 PageID #: 110
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