Trade Well International v. United Central Bank

Filing 54

ORDER denying 50 Motion for Entry of Default as to involuntary plaintiffs Dells Lodging Operator, Inc. and Dells Estate LLC. Signed by Peter A. Oppeneer, Clerk of Court on 2/18/2014. (voc)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN TRADE WELL INTERNATIONAL, Plaintiff, and MEMORANDUM AND ORDER 12-cv-701-WMC DELLS LODGING OPERATOR, INC. and DELLS ESTATE LLC, Involuntary Plaintiffs, v. UNITED CENTRAL BANK, Defendant. Defendant, United Central Bank, has requested that I enter default against involuntary plaintiffs, Dells Lodging Operator, Inc. and Dells Estate LLC pursuant to Federal Rule of Civil Procedure 55(a). A review of the record, however, does not suggest that either of these involuntary plaintiffs is a party "against whom a judgment for affirmative relief is sought" as required by the rule for entry of default. Involuntary plaintiffs have no reason to file an answer to the complaint and defendant has asserted no counterclaims against them. ORDER IT IS ORDERED that defendant United Central Bank's motion for entry of default as to involuntary plaintiffs Dells Lodging Operator, Inc. and Dells Estate LLC is DENIED. Dated this 18th day of February, 2014. Efu<O~ Peter Oppeneer Clerk of Court I

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