Gregory Poole Equipment Company v. International Fidelity Insurance Company et al

Filing 23

ORDER denying 17 Motion for Default Judgment. Signed by Senior Judge James C. Fox on 7/15/2015. (Grady, B.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:14-CV-277-F

UNITED STATES OF AMERICA
For the use of GREGORY POOLE
EQUIPMENT COMPANY,
Plaintiff,

v.
INTERNATIONAL FIDELITY
INSURANCE COMPANY, PRECISION
2000, INC., PATRICIA A. TEAGUE and
DONALD L. BYRD,
Defendants.

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ORDER

In response to this court's May28, 2015, Order [DE-21], Plaintiffhas filed a Notice [DE-22]

indicating that it has determined that the Fourth Circuit's interpretation of Frow v. De La Vega, 82
U.S. (15 Wall.) 552,21 L.Ed. 60 (1872) precludes the entry of default judgment against the nonanswering defendants at this time. Accordingly, Plaintiff's Motion for Default Judgment [DE-17],
is DENIED without prejudice.
SO ORDERED .
.I

This the _L!_ day of July, 2015.