FITZGIBBONS ON BEHALF OF DIRECTOR OF SOUTH CAROLINA DEPARTMENT OF INSURANCE v. WILLIAMS (2020)

United States Court of Appeals, Fourth Circuit.

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,
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. 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, 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.

No. 19-2049, No. 19-2051

Decided: January 23, 2020

Before WILKINSON, KEENAN, and THACKER, Circuit Judges.

De’Shaun Williams, Cherise Raymond, Appellants Pro Se. Russell Grainger Hines, YOUNG CLEMENT RIVERS, LLP, Charleston, South Carolina, for Appellee.

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, 69 S.Ct. 1221, 93 L.Ed. 1528 (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

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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