United Financial Casualty Company v. Ratte ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED FINANCIAL CASUALTY ) Case No.: 1:19-cv-0739 - LJO - JLT COMPANY, ) 12 ) ORDER ADOPTING IN FULL THE FINDINGS Plaintiff, ) AND RECOMMENDATIONS DATED 13 ) DECEMBER 2, 2019 (Doc. 31) v. ) 14 ) ORDER DIRECTING THE CLERK OF COURT TO GULBAG SINGH RATTE, et al., ) ENTER DEFAULT AGAINST DEFENDANT HS 15 ) BROTHERS EXPRESS Defendants. ) 16 ) 17 United Financial Casualty Company seeks declaratory relief against the defendants, asserting it 18 does not have a duty to indemnify defendants HS Brothers Express, Inc.; Harjit Singh; or Harpreet 19 Singh in an action filed in state court related to an accident. (See Doc. 1) HS Brothers has failed to 20 appear with through counsel, despite the information provided to Harjit Singh—who identifies himself 21 as the “sole owner”— and has failed to comply with the Court’s orders. On December 2, 2019, the 22 magistrate judge recommended the Answer filed by Harjit Singh, to the extent it was filed on behalf of 23 HS Brothers Express, be stricken and default be entered against HS Brothers Express. (Doc. 31) 24 The parties were given fourteen days to file any objections to the recommendations that default 25 be entered against defendant HS Brothers Express. (Doc. 13 at 5) In addition, the parties were “are 26 advised that failure to file objections within the specified time may waive the right to appeal the District 27 Court’s order.” (Id., citing Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991); Wilkerson v. Wheeler, 772 28 1 F.3d 834, 834 (9th Cir. 2014)). To date, no objections have been filed. 2 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United 3 School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court conducted a de novo review of the case. 4 Having carefully reviewed the file, the Court finds the Findings and Recommendations are supported 5 by the record and proper analysis. 6 Accordingly, IT IS HEREBY ORDERED: 7 1. The Findings and Recommendations dated December 2, 2019 (Doc. 31) are 8 ADOPTED IN FULL; 9 2. The Answer filed by Harjit Singh, to the extent it was filed on behalf of HS Brothers 10 Express, Inc. (Doc. 14) is STRICKEN; and 11 3. The Clerk of Court is DIRECTED to enter default against HS Brothers Express, Inc. 12 13 IT IS SO ORDERED. 14 Dated: January 7, 2020 /s/ Lawrence J. O’Neill _____ 15 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28