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Federal Insurance Co. v. Omega Flex, Inc.

United States District Court, W.D. North Carolina, Asheville Division

March 5, 2014

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

ORDER

MARTIN REIDINGER, District Judge.

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.


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