Federal Insurance Company v. Omega Flex, Inc. et al

Filing 29

ORDER denying 22 Motion for Entry of Default. Signed by District Judge Martin Reidinger on 03/06/14. (emw)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:13-cv-00276-MR-DLH

FEDERAL INSURANCE COMPANY,
Plaintiff,
vs.
OMEGA FLEX, INC.; RB’S GAS, INC.;
McNUTT SERVICES GROUP, INC.; S.
FOX ELECTRIC, LLC; and RIVER CANE
BUILDERS, LLC,
Defendants.
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ORDER

THIS MATTER is before the Court on the Plaintiff’s Motion for Entry
of Default as to Defendant RB’s Gas, Inc. [Doc. 22].
The Plaintiff initiated this action against Defendant RB’s Gas, Inc.
(“RB’s Gas”) and others on October 18, 2013. [Doc. 1]. On February 7,
2014, the Plaintiff filed a motion for entry of default as to RB’s Gas,
asserting that this Defendant was served with process on October 28, 2013
and had failed to plead or otherwise defend.
While the motion for entry of default has been pending, counsel has
made a notice of appearance on behalf of RB’s Gas and has filed a motion

on behalf of this Defendant seeking to dismiss this action due to insufficient
service of process.1

[Docs. 26, 27].

As the Defendant has made an

appearance and clearly seeks to defend this action, the Court concludes
that the Plaintiff’s request for entry of default as to this Defendant should be
denied.
IT IS, THEREFORE, ORDERED that the Plaintiff’s Motion for Entry of
Default as to Defendant RB’s Gas, Inc. [Doc. 22] is DENIED.
IT IS SO ORDERED.

1

Signed: March 6, 2014

The delay was apparently caused by Plaintiff’s counsel’s failure to cooperate with the
office of the clerk of this Court regarding the completion of all items needed for the
default to be entered.
2