Otero v. River Medical Incorporated ( 2019 )

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Armind a Otero, ) No. CV-19-00390-PHX-SPL ) 9 ) 10 Plaintiff, ) ORDER vs. ) ) 11 ) River Medical Incorporated, et al., ) 12 ) 13 Defendants. ) ) 14 ) 15 On January 28, 2019, Plaintiff Arminda Otero filed an interpleader complaint 16 against several defendants, including (i) River Medical Incorporated, Inc., (ii) Arizona 17 Emergency Medicine Specialists, P.C., (iii) Family Doctors Ramanathan, PLLC, 18 (iv) Allegiant Institute, Inc., (v) PBS Anesthesia, LLC, (vi) Align Med (Alfreda), PLLC, 19 (vii) Las Vegas Pharmacy, Inc., (viii) Raxo Drugs, Inc., (ix) Black Rhino Marketing, LLC, 20 and (x) Key Health Medical Solutions (the “Defaulting Defendants”). (Docs. 1, 25) The 21 Defaulting Defendants were served with the complaint between May 20, 2019 and June 5, 22 2019. (Docs. 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 23) The Defaulting Defendants did not 23 answer or respond to the complaint and have not appeared in this action. Between August 24 10, 2019 and August 16, 2019, the Plaintiff filed its Request to the Clerk of the Court to 25 Enter the Default of the Defaulting Defendants pursuant to Rule 55(a) of the Federal Rules 26 of Civil Procedure. (Docs. 39, 42, 45, 48, 51, 54, 57, 60, 63, 71) Between August 12, 2019 27 and August 19, 2019, the Clerk of Court entered default as to the Defaulting Defendants. 28 (Docs. 66, 80) 1 On October 10, 2019, the Plaintiff filed her Motion for Default Judgment Against 2| Defendants. (Doc. 91) No response has been filed. Having reviewed the Plaintiffs motion, the record in this matter, and considered the factors under Eitel v. McCool, 782 F.2d 1470, 4} 1471-72 (9th Cir. 1986) as a whole, the Court concludes that the entry of default judgment against the Defaulting Defendants is appropriate. Accordingly, 6 IT IS ORDERED: 7 1, That the Plaintiffs Rule 55 Motion for Default Judgment Against 8 | Defendants: (1) River Medical Incorporated, Inc.; (2) Arizona Emergency Medicine 9| Specialists, P.C. dba Emergency Physicians; (3) Family Doctors Ramanathan, PLLC dba 10 | Family Doctors Of Green Valley; (4) Allegiant Institute, Inc. dba Nevada Spine Clinic; (5) 11 | PBS Anesthesia, LLC; (6) Align Med (Alfreda), PLLC fkn Align Chiropractic; (7) Las Vegas Pharmacy, Inc.; (8) Raxo Drugs, Inc.; (9) Black Rhino Marketing, LLC dba Pay Later Pharmacy; and (10) Key Health Medical Solutions (Doc. 91) is granted; 14 2. That default judgment is entered pursuant to Rule 55(b) of the Federal Rules 15 | of Civil Procedure in favor of Plaintiff Arminda Otero against Defendants (1) River 16 | Medical Incorporated, Inc.; (2) Arizona Emergency Medicine Specialists, P.C.; (3) Family 17 | Doctors Ramanathan, PLLC dba Family Doctors Of Green Valley; (4) Allegiant Institute, 18 | Inc. dba Nevada Spine Clinic; (5) PBS Anesthesia, LLC; (6) Align Med (Alfreda), PLLC 19 | dba Align Chiropractic; (7) Las Vegas Pharmacy, Inc.; (8) Raxo Drugs, Inc.; (9) Black 20 | Rhino Marketing, LLC dba Pay Later Pharmacy; and (10) Key Health Medical Solutions 21 | Inc., whom shall take nothing and are denied entitlement to any portion of the settlement 22 | funds currently in Plaintiff's counsel’s trust account; and 23 3. That the Clerk of Court shall enter judgment accordingly. 94 Dated this 19th day of December, 2019. 25 26 27 LES 28