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Home Court filings U.S. v. Ryan Bailey Order Directing Defendants to Answer — U.S. v. Bailey

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Order Directing Defendants to Answer — U.S. v. Bailey

Record facts

CourtU.S. District Court, Southern District of West Virginia
Filed2026-02-09

U.S. District Court, Southern District of West Virginia · No. 5:24-cv-00456 · Doc. 28 · 2026-02-09 · Docket on CourtListener

Summary

An order entered February 9, 2026 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 at Beckley, filed as Document 28. The order recounts that the court set aside an entry of default on January 22, 2025 and stayed the civil action pending Criminal Action No. 5:24-cr-00106, then lifted the stay on October 23, 2025. It notes a January 29, 2026 show-cause order and the Government's response that the defendants had filed no answer, while no deadline to answer had been specified. The court directs the defendants to file an answer or responsive pleading on or before February 23, 2026, warning that failure will result in entry of default and, ultimately, default judgment.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

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. 
 
 
ORDER 
 
 
 
On October 4, 2024, the Government requested entry of default against Defendants 
Ryan Bailey and RKB, Inc., pursuant to Federal Rule of Civil Procedure 55(a). [ECF 9]. 
Defendants filed Motions to Set Aside the Clerk’s Entry of Default. [ECF 15; ECF 17]. On January 
22, 2025, the Court set aside the entry of default against Defendants, [ECF 22], and ordered this 
action stayed and retired to the inactive docket pending resolution of United States of America v. 
Ryan Keith Bailey, Criminal Action No. 5:24-cr-00106. Sentencing in that action occurred on 
September 16, 2025. [See Criminal Action No. 5:24-cr-00106, ECF 73]. The case was closed on 
September 18, 2025.  
 
 
On October 23, 2025, the Court lifted the stay and reinstated this matter to the active 
docket. [ECF 24]. On January 29, 2026, following no action by the parties, the Court entered an 
order directing the parties to show cause why the matter should not be dismissed. [ECF 25]. The 
Government responded that Defendants have both failed to file an answer or responsive pleading 
but noted “neither the Court’s order granting Defendants’ motions to stay nor the Court’s order 
Case 5:24-cv-00456     Document 28     Filed 02/09/26     Page 1 of 2 PageID #: 142

2 
lifting the stay specified an amount of time within which . . . [D]efendants were required to file an 
answer[.]” [ECF 26]. Defendants are DIRECTED to file an answer or responsive pleading on or 
before February 23, 2026. The failure to file an answer will result in the entry of default and, 
ultimately, default judgment. 
 
 
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record 
and to any unrepresented party. 
 
 
 
 
 
 
 
ENTER:
February 9, 2026 
Case 5:24-cv-00456     Document 28     Filed 02/09/26     Page 2 of 2 PageID #: 143

File and source

File
gov.uscourts.wvsd.239921.28.0.pdf
Size
235,213 bytes
SHA-256
c17a9de560d158fb479380861f3e0b4d4eca404e86e9f43f4abf91d49365bde9
Our copy
gov.uscourts.wvsd.239921.28.0.pdf
Original
PACER (login required)
  1. Answer of Ryan Bailey — U.S. v. Baileysame docket · 2026-02-19
  2. Second Request for Entry of Default — U.S. v. Baileysame docket · 2026-02-05
  3. Answer of RKB, Inc. — U.S. v. Baileysame docket · 2026-02-24
  4. United States' Response to Order to Show Cause — U.S. v. Baileysame docket · 2026-02-05
  5. Order to Show Cause — U.S. v. Baileysame docket · 2026-01-29
  6. Memorandum Opinion and Order — U.S. v. Baileysame docket · 2025-01-22
  7. Amended Order Appointing CJA Counsel — U.S. v. Baileysame docket · 2024-12-20
  8. Certificate of Servicesame docket · 2024-12-20
  9. United States' Response to Motion for Stay — U.S. v. Baileysame case · 2024-11-27
  10. United States' Opposition to Motions to Set Aside Default — U.S. v. Bailey (S.D. W. Va. No. 5:24-cv-00455)same case · 2024-11-27
  11. RKB, Inc.'s Motion to Set Aside Entry of Default — U.S. v. Baileysame case · 2024-11-26
  12. Defendants' Motion for Stay — U.S. v. Baileysame case · 2024-11-22
  13. Order Appointing CJA Counsel — U.S. v. Baileysame case · 2024-10-24
  14. Entry of Default by Clerk — U.S. v. Baileysame case · 2024-10-16
  15. Request for Entry of Default — U.S. v. Baileysame case · 2024-10-04
  16. Exhibit — Ross Bailey/R&R Delivery Stay Memorandum (Companion Case 5:24-cv-00455) — United States v. Ryan Bailey and RKB, Inc. (S.D. W. Va. No. 5:24-cv-00455)same case · 2024-09-19
  17. Process Receipt and Return (U.S. Marshals Service): Ryan Bailey — United States v. Bailey (S.D. W. Va., WVSD 239921, 2024-09-12, 2)same docket · 2024-09-12
  18. Process Receipt and Return (U.S. Marshals Service): RKB, Inc. — United States v. Bailey (S.D. W. Va., WVSD 239921, 2024-09-12, 1)same docket · 2024-09-12
  19. Secretary of State Certificate of Service of Process: RKB, Inc. — United States v. Bailey (S.D. W. Va.)same docket · 2024-09-11
  20. Summons in a Civil Action: Ryan Bailey — United States v. Bailey (S.D. W. Va.)same docket · 2024-08-29

Part of: United States v. Ryan Bailey and RKB, Inc. · U.S. District Court for the Southern District of West Virginia · Paycheck Protection Program (PPP) · COVID Economic Injury Disaster Loans (EIDL) · Other civil cases · Orders and opinions · 2026 · Court filings

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