Ohio Security Insurance Company v. K R Enterprises, Inc. et al
| Ohio Security Insurance Company |
| K R Enterprises, Inc., Jeremy Evans, Leonard Bailey, Kimberly Bailey, Amber Bailey, Austin Bailey, Tessa Bailey, Joyce Morgan, Eric Presley, Tiffany Presley, Madison Presley, Joseph Sacra, Jennifer Sacra, Jayce Rowles, Hanna Rowles, Hunter Blankenship, Kayleigh Sacra, Ryan Wheeler, Tawnya Wheeler, Laikin Steels, David Vanover and Sheila Vanover |
| 1:2015cv16264 |
| December 18, 2015 |
| US District Court for the Southern District of West Virginia |
| Bluefield Office |
| McDowell |
| David A. Faber |
| Insurance |
| 28 U.S.C. ยง 2201 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
154
MEMORANDUM OPINION AND ORDER: granting the MOTION by Ohio Security Insurance Company to Consolidate Cases 1:18-cv-01347 and 1:15-cv-16264 (ECF No. 21 in Civil Action 1:18-cv-01347), and the court ORDERS these two cases consolidated; designating 1:15- cv-16264 as the lead case. Having consolidated the cases, the operative scheduling order for both cases is the one entered 11/26/2018 in Civil Action No. 1:18-cv-01347. Accordingly, the Motion to Modify the Court's 1/12/2018 Amended Scheduling Order (ECF No. 153 in Civil Action No. 1:15-cv-16264) is DENIED as moot. The MOTION by Ohio Security Insurance Company to Dismiss Complaint is DENIED (ECF No. 21 in Civil Action 1:18-cv-01347). Nor will the court stay Counts II, III, and IV of that c omplaint. Ohio Security references a stay pending a ruling on a motion for judgment on the pleadings. However, no motion under Federal Rule of Civil Procedure 12(c) is pending before the court. Signed by Senior Judge David A. Faber on 2/1/2019. (cc: counsel of record) (mk)
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Filing
151
MEMORANDUM OPINION AND ORDER denying plaintiff's 139 RENEWED MOTION for Default Judgment Against K R Enterprises, Inc. and granting defendant K R Enterprises, Inc.'s 145 MOTION to Set Aside the Clerk's Entry of Default. Signed by Senior Judge David A. Faber on 1/10/2019. (cc: counsel of record and any unrepresented party) (arb)
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Filing
143
MEMORANDUM OPINION AND ORDER granting Ohio Security Insurance Company's 134 MOTION to Return Case to the Court's Active Docket and directing the Clerk to return this matter to the court's active docket. With respect to plaintiff' ;s renewed 139 Motion for Default Judgment, K & R Enterprises' objection is noted and its motion to deny that motion at this juncture is denied. K R Enterprises may, within fourteen (14) days from the entry of this order, respond to that motion on the merits. If K R Enterprises files a response, plaintiff may file a reply within the time frame established by the local rules. Signed by Senior Judge David A. Faber on 10/3/2018. (cc: counsel of record and any unrepresented parties) (arb)
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Filing
111
MEMORANDUM OPINION AND ORDER: Unlike K R Enterpises, Jeremy Evans has never appeared in this case. Accordingly, it is proper for the Clerk to enter default and that portion of the 104 motion is GRANTED. However, for the reasons stated in the Judge Goodwin cases, the 104 motion for a default judgment is DENIED. Signed by Senior Judge David A. Faber on 12/14/2017. (cc: attys) (mk)
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Filing
70
ORDER: Plaintiff's 52 motion for leave to file amended complaint is GRANTED and the Clerk is directed to file the amended complaint attached as Exhibit 2 to plaintiff's motion. (ECF No. 52-2). Because of the court's ruling on the motion to amend, plaintiff's 61 motion for judgment on the pleadings is DENIED without prejudice as moot. The Clerk is further directed to send a copy to defendant Evans c/o attorney David G. Thompson. Signed by Senior Judge David A. Faber on 5/22/2017. (cc: counsel of record; any unrepresented party, Defendant Evans c/o Attorney David G. Thompson) (mk)
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Filing
55
MEMORANDUM OPINION AND ORDER granting Plaintiff's 23 MOTION for Appointment of Guardian ad Litem for Jeremy Evans: The court will appoint a guardian ad litem for Jeremy Evans for the limited purpose of effecting service upon him. Ohio Secu rity should file a proposed order consistent with this opinion that: 1) names Mr. Thompson as Evans' guardian if he willing and able do so or, in the alternative, another individual who will undertake such an appointment; and 2) indicates how the guardian ad litem is to be compensated. Pursuant to Federal Rule of Civil Procedure 4(m), the court finds that good cause exists to extend the time limits for service upon defendant Evans and plaintiff has sixty (60) days from entry of the Memorandum Opinion and Order in which to effectuate service upon Jeremy Evans. Signed by Senior Judge David A. Faber on 3/27/2017. (cc: attys; any unrepresented party) (mk)
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Filing
54
MEMORANDUM OPINION AND ORDER: Pending before the court are the defendants' motions to either dismiss this action or, in the alternative, stay this case until resolution of the underlying state court action. (ECF Nos. 22, 24, and 33). For the re asons set forth herein, those motions are DENIED. Applying the four Nautilus factors to the instant case, the court is not persuaded that Ohio Security's rights and obligations can be fully resolved through the pending state actions. Based on the foregoing, the court hereby DENIES defendants' Motions to Dismiss and/or Stay. Signed by Senior Judge David A. Faber on 3/23/2017. (cc: counsel of record) (mk)
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