Claimants' Motion for Stay — United States v. $168,849.42 Seized from First Community Bank et al. (Dkt. 14)
Summary
Claimants' Motion for Stay, filed December 10, 2024 as Document 14 in Civil Action No. 5:23-cv-00393, United States of America v. the seized and frozen amounts named in the caption, in the United States District Court for the Southern District of West Virginia at Beckley. Claimants Ross Bailey and R & R Delivery Service, Inc., by counsel John D. (Jody) Wooton, Jr. and R. Brandon Johnson, ask the Court to stay the civil action. The motion states that Mr. Bailey is embroiled in a criminal matter concerning the very same allegations and that a stay would prevent conflicting outcomes and preserve judicial economy. It also states that the Court has issued a Show Cause Order with a response date of December 16, 2024.
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
Cite this document
“Claimants' Motion for Stay — United States v. $168,849.42 Seized from First Community Bank et al. (Dkt. 14).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-wvsd-236863-14-0-201919da1c/
, SHA-256 a57fb625c5653dd9cf6eece6e9c4e8a615090685c65ecd53a4a7041f9f7427a7.Full text
Case 5:23-cv-00393 Document 14 Filed 12/10/24 Page 1 of 3 PageID #: 48
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BECKLEY
UNITED STATES OF AMERICA,
Plaintiff,
v. Civil Action No. 5:23-cv-00393
$168,849.42 SEIZED FROM FIRST COMMUNITY
BANK, ACCOUNT NUMBER XX2781;
$299,604.40 SEIZED FROM FIRST COMMUNITY
BANK, ACCOUNT NUMBER XX2660;
$2,333,832.28 FROZEN FROM ALLY INVESTMENT,
ACCOUNT NUMBER XX-X6295-11;
$45,000 FROZEN FROM ALLY INVESTMENT,
ACCOUNT NUMBER XX-X6295-11,
Defendants.
CLAIMANTS’ MOTION FOR STAY
Comes now, Claimants Ross Bailey and R & R Delivery Service, Inc. (collectively,
“Claimants”), by John D. (Jody) Wooton, Jr., R. Brandon Johnson, and WOOTON, DAVIS,
HUSSELL & JOHNSON, PLLC, and hereby file this Motion for Stay. In support of this Motion,
Claimants concurrently-file their Memorandum in Support.
The civil action in this matter was filed on May 17, 2023, and the Complaint is before the
Court. Claimants retained John Carr as Counsel in this matter. Mr. Carr filed a general denial of
the complaint on December 22, 2023. Since that time, Claimants have retained new Counsel, and
the Court has issued a Show Cause Order with a response date of December 16, 2024.
This is a civil action for forfeiture in rem, pursuant to 18 U.S.C. § 981(a)(l)(A), (1)(C), the
procedures set forth in Rule G of the Supplemental Rules for Admiralty or Maritime Case Claims
and Asset Forfeiture Actions, the Federal Rules of Civil Procedure, and 18 U.S.C. § 985, to forfeit
1
Case 5:23-cv-00393 Document 14 Filed 12/10/24 Page 2 of 3 PageID #: 49
assets from alleged theft of government funds, theft of stolen funds across state lines, wire fraud,
and money laundering in violation of 18 U.S.C. §§ 287, 641, 1343, 1956, and/or property traceable
to such property. But, at the same time, Claimant, Ross Bailey (“Mr. Bailey”) is embroiled in a
criminal matter concerning the very same allegations that appear in this civil case.
Given that a concurrent criminal matter is ongoing concerning the very same allegations in
this civil suit, during the pendency of that criminal matter, this Court should issue a stay in this
civil action to prevent the criminal and civil court from addressing legal and factual issues that are
identical. This, of course, is to prevent conflicting outcomes and to preserve judicial economy.
Otherwise, the parties could be exposed to multiple trials, overlapping issues, and the possibility
of inconsistent rulings. Thus, for these important reasons, as set forth in greater detail in
Claimant’s contemporaneously filed Memorandum in Support, this Court should grant this
Motion.
ROSS BAILEY and R&R DELIVERY
SERVICE, INC.,
By Counsel
/s/ John D. (Jody) Wooton, Jr.
John D. (Jody) Wooton, Jr. (WVSB #10571)
R. Brandon Johnson (WVSB #5581)
WOOTON, DAVIS, HUSSELL & JOHNSON, PLLC
Post Office Box 2600
Beckley, West Virginia 25802-2600
(304) 255-2188
jody.wooton@wdhjlaw.com
brandon.johnson@wdhjlaw.com
2
Case 5:23-cv-00393 Document 14 Filed 12/10/24 Page 3 of 3 PageID #: 50
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BECKLEY
UNITED STATES OF AMERICA,
Plaintiff,
v. Civil Action No. 5:23-cv-00393
$168,849.42 SEIZED FROM FIRST COMMUNITY
BANK, ACCOUNT NUMBER XX2781;
$299,604.40 SEIZED FROM FIRST COMMUNITY
BANK, ACCOUNT NUMBER XX2660;
$2,333,832.28 FROZEN FROM ALLY INVESTMENT,
ACCOUNT NUMBER XX-X6295-11;
$45,000 FROZEN FROM ALLY INVESTMENT,
ACCOUNT NUMBER XX-X6295-11,
Defendants.
CERTIFICATE OF SERVICE
John D. (Jody) Wooton, Jr., R. Brandon Johnson, and WOOTON, DAVIS, HUSSELL &
JOHNSON, PLLC, do hereby certify that the foregoing CLAIMANTS’ MOTION FOR STAY
was served upon all parties via the CM/ECF Court System, on this 10th day of December, 2024:
Fred B. Westfall, Jr.
Assistant United States Attorney
300 Virginia Street East, Room 4000
Charleston, West Virginia 25301
/s/ John D. (Jody) Wooton, Jr.
John D. (Jody) Wooton, Jr. (WVSB #10571)
R. Brandon Johnson (WVSB #5581)
WOOTON, DAVIS, HUSSELL & JOHNSON, PLLC
3
File and source
- File
- gov.uscourts.wvsd.236863.14.0.pdf
- Size
- 133,019 bytes
- SHA-256
- a57fb625c5653dd9cf6eece6e9c4e8a615090685c65ecd53a4a7041f9f7427a7
- Original
- No public link identified.