Rauch v. PSI Med Inc. et al

Filing 33

ORDER adopting and incorporating the 13 Proposed Findings and Recommendation by Magistrate Judge; denying the plaintiff's 8 Letter-Form Motion for Judgment by Default. Signed by Judge John T. Copenhaver, Jr. on 2/14/2018. (cc: movant; United States Magistrate Judge Dwane L. Tinsley) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON

JORDAN LAWRENCE RAUCH,
Plaintiff,
v.

Civil Action no. 2:17-cv-03786

PSI MED, INC.,
JONATHAN FRAME,
Acting Commissioner LOITA BUTCHER,
Warden DAVID BALLARD,
Dr. TIMOTHY THISSELWEIGHT,
SHERRELL LYNN SNYDER, and
SHANNON COLEMAN,
Defendants.

ORDER

Pending before the court is the plaintiff’s letterform motion for judgment by default, filed on September 13,
2017.

This pro se action having been referred to United States

Magistrate Judge Dwane L. Tinsley by standing order of the
court, he submitted his proposed findings and recommendation
(“PF&R”) on this motion on October 27, 2017.

The magistrate judge found that judgment by default or
any other summary award of relief was not warranted, because the
motion was filed before proper service of process on the

THE DOW CHEMICAL COMPANY LONG TERM DISABILITY PROGRAM,
an Employee Welfare Benefits Plan,
LIBERTY LIFE ASSURANCE COMPANY OF BOSTON,
a Massachusetts Corporation, and
DOES 1 THROUGH 10, inclusive,
defendants, and therefore recommended that the court deny the
Defendants.
motion.
ORDER AND NOTICE
Pursuant to L.R. Civ. P. 16.1, it is ORDERED that the
following The movant hereby fixed as the time by to the which it
dates are having filed no objections or on PF&R,
certain events must occur:
is ORDERED that:
01/28/2016
Motions under F.R. Civ. P. 12(b), together with
supporting briefs, memoranda, affidavits, or other
such matter in support thereof. (All motions
unsupported by memoranda will be denied without
1. Magistrate Judge Tinsley’s Proposed Findings and
prejudice pursuant to L.R. Civ. P. 7.1 (a)).
02/08/2016

Recommendation be, and they hereby are, adopted and
Last day for Rule 26(f) meeting.

02/15/2016

Last day to file Report
incorporated in full; and of Parties= Planning
Meeting. See L.R. Civ. P. 16.1.
2. The plaintiff’s motion for judgment by default be,
02/22/2016
Scheduling conference at 4:30 p.m. at the Robert C.
and it hereby is, denied.
Byrd United States Courthouse in Charleston, before
the undersigned, unless canceled. Lead counsel
directed to appear.
02/29/2016
Entry of scheduling transmit copies of this order
The Clerk is directed to order.
03/08/2016
Last day to serve F.R. Civ. P 26(a)(1) disclosures.
to the movant and to United States Magistrate Judge Dwane L.
The Clerk is requested to transmit this Order and
Tinsley.
Notice to all counsel of record and to any unrepresented
parties.
ENTER: February 14, 2016
DATED: January 5, 2018
John T. Copenhaver, Jr.
United States District Judge

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