Ohio Security Insurance Company v. K R Enterprises, Inc. et al

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)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
OHIO SECURITY INSURANCE COMPANY,
Plaintiff,
v.

CIVIL ACTION NO. 1:15-16264

K R ENTERPRISES, INC., et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
Pending before the court is plaintiff’s motion to return
this case to the court’s active docket.

(ECF No. 134).

On June

26, 2018, this court placed this case on the inactive docket
based upon plaintiff’s representations that the negotiated
settlements and releases it had entered into in this litigation
would resolve the claims of all parties to this litigation.
ECF No. 133.

See

The court also cancelled a status conference

scheduled for July 12, 2018, that had been scheduled solely to
address the claims of any defendants who had not yet settled with
plaintiff.

Plaintiff now moves to return this case to the

court’s active docket because it failed to settle its claims with
K R Enterprises, Inc.
this matter.

K R Enterprises is currently in default in

New counsel has recently entered a notice of

appearance on behalf of K R Enterprises and has opposed the
motion to return the case to the court’s active docket.

The bottom line is that there is an ongoing controversy in
this matter.

For this reason, plaintiff’s motion to return the

case to the court’s active docket is GRANTED and the Clerk is
DIRECTED to return this matter to the court’s active docket.
With respect to plaintiff’s renewed 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 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 timeframe established by
the local rules.
The Clerk is directed to send copies of this Memorandum
Opinion and Order to counsel of record and to any unrepresented
parties.
IT IS SO ORDERED this 3rd day of October, 2018.
ENTER:
David A. Faber
Senior United States District Judge

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