Bowers v. Northern Two Cayes Company Limited et al

Filing 15

ORDER denying 11 Motion for Entry of Default. Signed by District Judge Martin Reidinger on 4/17/2015. (nv)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:15-cv-00029-MR-DLH

RAYMOND V. BOWERS,
Plaintiff,
vs.

NORTHERN TWO CAYES COMPANY
LIMITED and LIGHTHOUSE REEF
RESORT LTD.,
Defendants.
__________________________________

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ORDER

THIS MATTER is before the Court on the Plaintiff’s Request for Entry
of Default [Doc. 11].
The Plaintiff initiated this action against the Defendant Northern Two
Cayes Company Limited and Lighthouse Reef Resort Limited on February
12, 2015. [Doc. 1]. On April 9, 2015, the Plaintiff filed a motion for entry of
default, asserting that the Defendants were served with process on March
16, 2015 and have failed to appear or otherwise defend.
While the motion for entry of default has been pending, counsel has
made an appearance on behalf of the Defendants and has filed a motion to

dismiss this action. [Doc. 12]. It is noted that the appearance on behalf of
the Defendants has been made by the attorney upon whom the Plaintiff
served his Motion for Entry of Default (as shown on his certificate of service).
Obviously Plaintiff was aware that the Defendants were represented and by
whom, but did not signify to the Court that he had consulted with such
counsel regarding his motion. As the Defendants have appeared and clearly
seek to defend this action, the Court concludes that the Plaintiff’s request for
entry of default should be denied.
IT IS, THEREFORE, ORDERED that the Plaintiff’s Request for Entry
of Default [Doc. 11] is DENIED.
IT IS SO ORDERED.
Signed: April 17, 2015

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