Progressive Minerals LLC. v. Rashid et al, No. 5:2007cv00108 - Document 97 (N.D.W. Va. 2009)

Court Description: MEMORANDUM OPINION AND ORDER GRANTING 78 Progressive Minerals' Motion for Entry of Default UNDER RULE 37 AGAINST DEFENDANT DAVID M. BERNSTEIN. Clerk is directed to enter default against defendant Bernstein. Court will hear evidence as to dam ages incurred by plaintiff as a result of defendant's acts at the non-jury trial scheduled for 10/14/2009. Signed by Senior Judge Frederick P Stamp, Jr on 9/30/09. (c to defendant 0'Nurkera by cert mail, c to defendant David M. Bernstein by registered mail)(cc) (Additional attachment(s) added on 10/1/2009: # 1 certified mail receipt) (cc). (Additional attachment(s) added on 10/1/2009: # 2 Registered mail receipt) (cc).