Opinion
2:09-CV-32 JCM (LRL).
July 30, 2010
ORDER
Presently before the court is plaintiff Volvo Construction Equipment Rents, Inc.'s motion for entry of clerk's default against defendant Jefferson Bank (Doc. #261), filed on March 15, 2010.
On June 22, 2009, plaintiff filed a notice of voluntary dismissal without prejudice against defendant Jefferson Bank (Doc. #78). Therefore, Jefferson Bank is not a party to the action and cannot be in default. Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff's motion for entry of clerk's default (Doc. #261) be, and the same hereby is, DENIED.