Michael FitzGibbons v. De'Shaun Williams ( 2020 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-2049
MICHAEL J. FITZGIBBONS, acting on behalf of the Director of the South
Carolina Department of Insurance, in his capacity as the Special Deputy Receiver
of the South Carolina Health Cooperative, Inc., a Multiple Employer Self-Insured
Health Plan on behalf of Director of the South Carolina Department of Insurance,
Plaintiff - Appellee,
v.
DE’SHAUN WILLIAMS,
Defendant - Appellant,
and
ALTON ATKINSON; JOHN THOMAS CHILDS, IV; LARRY BUSCH;
MICHAEL CIUFFO; CHERISE RAYMOND; ANDRE GARCIA LITTLEJOHN;
VICKIE DAMON; WINSTON COOK; MARK GOODMAN; KRISTIN
KETTERMAN; DANIEL WHEELER; REGENT FINANCIAL, d/b/a PF Holdings
LLC; KING CAPITAL GROUP; A-Z CONSULTING LLC; INTERMEDIARY
NETWORK; BUSCH LAW CENTER LLC; JJLJ FINANCIAL; PROTEGE
INVESTMENTS LLC; IGWT CONSULTING LLC; COOK BUSINESS
SERVICES LLC; JOHN DOES 1-10; INTERLINK GLOBAL MESSAGING LLC,
Defendants.
No. 19-2051
MICHAEL J. FITZGIBBONS, acting on behalf of the Director of the South
Carolina Department of Insurance, in his capacity as the Special Deputy Receiver
of the South Carolina Health Cooperative, Inc., a Multiple Employer Self-Insured
Health Plan on behalf of Director of the South Carolina Department of Insurance,
Plaintiff - Appellee,
v.
CHERISE RAYMOND,
Defendant - Appellant,
and
ALTON ATKINSON; JOHN THOMAS CHILDS, IV; LARRY BUSCH;
MICHAEL CIUFFO; DE'SHAUN WILLIAMS; ANDRE GARCIA LITTLEJOHN;
VICKIE DAMON; WINSTON COOK; MARK GOODMAN; KRISTIN
KETTERMAN; DANIEL WHEELER; REGENT FINANCIAL, d/b/a PF Holdings
LLC; KING CAPITAL GROUP; A-Z CONSULTING LLC; INTERMEDIARY
NETWORK; BUSCH LAW CENTER LLC; JJLJ FINANCIAL; PROTEGE
INVESTMENTS LLC; IGWT CONSULTING LLC; COOK BUSINESS
SERVICES LLC; JOHN DOES 1-10; INTERLINK GLOBAL MESSAGING LLC,
Defendants.
Appeals from the United States District Court for the District of South Carolina, at
Anderson. Jacquelyn Denise Austin, Magistrate Judge. (8:17-cv-02092-TMC-JDA)
Submitted: January 21, 2020 Decided: January 23, 2020
Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
De’Shaun Williams, Cherise Raymond, Appellants Pro Se. Russell Grainger Hines,
YOUNG CLEMENT RIVERS, LLP, Charleston, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Appellants De’Shaun Williams and Cherise Raymond seek to appeal the magistrate
judge’s recommendation to partially grant and partially deny their respective motions for
summary judgment on civil claims that they conspired to defraud South Carolina Health
Cooperative, Inc. (“SCHC”), a multiple employer welfare arrangement. Appellee Michael
J. FitzGibbons, acting in his capacity as the Special Deputy Receiver of SCHC, moves to
dismiss the appeals for lack of jurisdiction.
This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2018),
and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2018); Fed. R. Civ. P.
54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The report
Williams and Raymond seek to appeal is neither a final order nor an appealable
interlocutory or collateral order. Accordingly, we grant FitzGibbons’ motion and dismiss
the appeals for lack of jurisdiction. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before this court and argument
would not aid the decisional process.
DISMISSED
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