Crescent University City Venture LLC v. Adolfson & Peterson Inc. et al

Filing 75

ORDER denying 46 Motion for Entry of Default as to Third-Party Defendant Trussway Manufacturing, Inc. Signed by District Judge Robert J. Conrad, Jr on 3/29/2016. (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:15-cv-461-RJC-DCK
CRESCENT UNIVERSITY CITY VENTURE,
LLC,

)
)
)
Plaintiff,
)
)
v.
)
)
ADOLFSON & PETERSON, INC. and ARCH )
INSURANCE COMPANY,
)
)
Defendants/Third-Party Plaintiff, )
)
v.
)
)
BB&M ARCHITECTURE, PLLC, SCA
)
ENGINEERS, INC., MADISON
)
CONSTRUCTION GROUP, INC., TRUSSWAY )
MANUFACTURING, INC., and T.A. KAISER )
HEATING & AIR, INC.,
)
)
Third-Party Defendants.
)
)

ORDER

THIS MATTER comes before Defendant and Third-Party Plaintiff Adolfson &
Peterson, Inc.’s (“A&P”) Motion for Entry of Default as to Third-Party Defendant Trussway
Manufacturing, Inc. (the “Motion”), (Doc. No. 46), filed on January 21, 2016. Since that date,
Third-Party Defendant Trussway Manufacturing, Inc. (“Trussway”) has made an appearance in
this case by responding to A&P’s Motion, (Doc. No. 61), and by filing its Answer, (Doc. No.
68). Trussway also indicates in its Response in Opposition to the Motion that it has conferred
with A&P and that A&P has agreed to withdraw its Motion. (Doc. No. 61 at 1). Accordingly,
the Court finds good cause to deny the Motion.
IT IS, THEREFORE, ORDERED that A&P’s Motion for Entry of Default as to Third-

Party Defendant Trussway Manufacturing, Inc., (Doc. No. 46), is DENIED.
Signed: March 29, 2016