United States v. Moser

168 F.R.D. 171, 1996 U.S. Dist. LEXIS 12057, 1996 WL 478804
CourtDistrict Court, M.D. Pennsylvania
DecidedAugust 7, 1996
DocketNo. 4:CV-95-0115
StatusPublished
Cited by2 cases

This text of 168 F.R.D. 171 (United States v. Moser) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Moser, 168 F.R.D. 171, 1996 U.S. Dist. LEXIS 12057, 1996 WL 478804 (M.D. Pa. 1996).

Opinion

OPINION

MUIR, District Judge.

I. Introduction.

On January 25,1995, the Government commenced this civil action against Defendants Steven P. Moser and Deborah A. Moser pursuant to the Financial Institution Reform, Recovery, and Enforcement Act of 1989, 12 U.S.C. § 1811, et seq. The Government sought an award of civil penalties against the Mosers for the Mosers’ alleged fraudulent submission of claims to several financial institutions. The Mosers are proceeding pro se.

The Clerk of Court assigned responsibility for this case to us but referred it to United States Magistrate Judge Raymond J. Durkin for preliminary consideration.

On January 11, 1996, Magistrate Judge Durkin issued a report in which he recommended that the Government’s motion for sanctions against the Mosers for failure to participate in discovery be granted and that such sanction be in the form of a default judgment entered in favor of the Government and against the Mosers in the amount of $9,000,000. Because we were of the view that awarding a judgment of $9,000,000 for the Government and against the Mosers would be excessive, on February 16,1996, we issued an order in which we set a briefing schedule as to the proper sanction, if any, to be imposed upon the Mosers.

After the conclusion of briefing, on May 31, 1996, we held a hearing on the question. During the hearing, the Mosers argued that this Court had no jurisdiction over them, and that the case should be dismissed on that ground. Because the issue of jurisdiction was not properly before this Court on a motion we issued an order on June 4,1996, in which we allowed the Mosers a period of time within which to file a motion to dismiss based on lack of personal jurisdiction. On June 17, 1996, the Mosers filed a document which we construed to be a motion to dismiss based upon lack of personal jurisdiction. On July 24,1996, we issued an order in which we denied the Mosers’ motion to dismiss based upon lack of personal jurisdiction. Now ripe for disposition is the issue regarding the proper sanction, if any, to be imposed upon the Mosers by reason of the Mosers’ failure to participate in discovery. The following are the Court’s findings of fact, discussion, and conclusions of law with respect to the issue raised.

II. Findings of Fact.

1. The complaint in this action was filed on January 25,1995.

2. The complaint alleged that the Defendants Steven and Deborah Moser committed violations of three federal statutes; 18 U.S.C. § 1014,1341,1344.

3. Each statutory violation noted in paragraph 2 above is a violation of the Financial Institution Reform, Recovery and Enforcement Act, 12 U.S.C. § 1833a, et seq.

4. The violations of the above statutes were the result of the Mosers using worthless money orders in attempts to. satisfy debts owed to three banks located in this district.

5. On April 6, 1995, the Mosers filed a “Motion to Dismiss Due to Erroneous Complaint as Provided in Title 28 U.S.C. [173]*173§ 1002.”

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Related

United States v. Stephen P. Moser, Deborah A. Moser
111 F.3d 128 (Third Circuit, 1997)
Clarke v. Whitney
169 F.R.D. 623 (E.D. Pennsylvania, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
168 F.R.D. 171, 1996 U.S. Dist. LEXIS 12057, 1996 WL 478804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-moser-pamd-1996.