Court filing

United States' Response to Order to Show Cause — U.S. v. Bailey

Record facts

Court	U.S. District Court, Southern District of West Virginia
Filed	2026-02-05

U.S. District Court, Southern District of West Virginia · No. 5:24-cv-00456 · Doc. 26 · 2026-02-05 · Docket on CourtListener

Summary

The United States' Response to Order to Show Cause in United States 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 February 5, 2026 as Doc. 26. It answers the Court's January 29, 2026 Order (ECF No. 25) asking why the case should not be dismissed for inactivity since the stay was lifted on October 23, 2025. The government states it has been evaluating the defendants' financial condition and negotiating a resolution, and that Ryan Bailey has been slow to provide requested financial information. It notes that neither defendant has filed an answer since the stay was lifted, citing Rule 12 of the Federal Rules of Civil Procedure, and says a second motion for default is filed with the response. The two-page filing is signed by Assistant United States Attorney Gregory P. Neil.

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Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BECKLEY

UNITED STATES OF AMERICA,

Plaintiff,

Civil Action No. 5:24-cv-00456

RYAN BAILEY and RKB, INC.,

Defendants.

UNITED STATES’ RESPONSE TO ORDER TO SHOW CAUSE

On January 29, 2026, the Court entered an Order (ECF No. 25) directing the parties to
show cause why this matter should not be dismissed due to inactivity since the Court lifted the stay
on October 23, 2025. In response, the United States asserts that since the Court lifted the stay, the
United States has been engaged in evaluating the defendants’ financial condition and working to
negotiate a resolution of the claims set forth in the Complaint. Defendant Ryan Bailey has been
slow to provide requested financial information regarding his ability to pay a civil settlement.
While the Court granted relief from the default previously entered against them, the United
States notes that neither defendant has filed an answer or responsive pleading in this matter since
the court lifted the stay on October 23, 2025. Neither the Court’s order granting Defendants’
motions to stay nor the Court’s order lifting the stay specified an amount of time within which the
defendants were required to file an answer or other responsive pleading. Pursuant to Rule
12(1)(A)(i) of the Federal Rules of Civil Procedure, the defendants were required to file an answer
within 21 days after service was perfected. Accordingly, the United States has filed a second
motion for default contemporaneously with this response.

Case 5:24-cv-00456 Document 26 Filed 02/05/26 Page 1 of 2 PageID #: 136

Respectfully submitted,

MOORE CAPITO

United States Attorney

s/Gregory P. Neil______________

WV State Bar No. 11077

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: greg.neil@usdoj.gov

Counsel for Plaintiff United States of America

CERTIFICATE OF SERVICE

I, Gregory P. Neil, Assistant United States Attorney for the Southern District of West Virginia,
hereby certify that on February 5, 2026, I electronically filed the foregoing UNITED STATES’
RESPONSE TO ORDER TO SHOW CAUSE with the Clerk of the Court using he CM/ECF
system which will send notification to all counsel of record herein.