Integon National Insurance Company v. Hutsell ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 INTEGON NATIONAL INSURANCE ) No.: 1:20-cv-00490-NONE-JLT COMPANY, ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS AND GRANTING 13 v. ) MOTION FOR DEFAULT JUDGMENT ) 14 ROBERT HUTSELL, et al., ) (Doc. Nos. 19, 21) 15 Defendants. ) ) 16 ) 17 Plaintiff Integon National Insurance Company insured defendant Robert Hutsell (“Hutsell”) 18 under a homeowner’s policy pursuant to which plaintiff promised to defend and indemnify Hutsell if a 19 claim or suit was brought against him because of “bodily injury” caused by an “occurrence,” which 20 the policy defined as encompassing some forms of “accidents” which result in bodily injury. (Doc. 21 No. 1 at ¶¶ 8–10.) On May 11, 2019, Hutsell attended an event with defendant Jason May (“May”). 22 (Id. at ¶¶ 11-12.) At that event, Hutsell punched May in the face. (Id. at ¶ 13.) May later filed suit 23 against Hutsell and others. (Id. at ¶ 14.) 24 After properly serving May with the complaint in this case (Doc. No. 12), which May failed to 25 answer, plaintiff sought default judgment against May on its claim requesting a declaration that 26 ///// 27 ///// 28 ///// wOASOe LOU YVONNE VR 2 POR THEN eve | plaintiff has no obligation to indemnify Hutsell. (Doc. No. 19-1 at 34.)' May did not oppose the 2 motion. On August 3, 2020, the Court issued findings and recommendation to grant the motion for 3 default judgment, providing the parties fourteen days to file any objections to the recommendation. 4 (Doc. No. 21.) In addition, the parties were “advised that failure to file objections within the specifie > time may waive the right to appeal the District Court’s order.” (/d. at 5.) To date, no objections have 6 been filed and the time period for doing so has expired. 7 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley Unitec 8 || School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this court conducted a de novo review of the case. 9 || Having carefully reviewed the file, the court finds the findings and recommendations are supported b 10 || the record and proper analysis. 11 Accordingly, the Court ORDERS: 12 1. The findings and recommendations dated August 3, 2020 (Doc. No. 21) are ADOPTED I 13 FULL; and 14 2. Plaintiff's motion for default judgment as to defendant May is GRANTED (Doc. No. 19) 15 6 IT IS SO ORDERED. = 4 17 || Dated: _ August 21, 2020 Poe Cl Prog UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 ! By stipulation and order, on August 7, 2020, this case was stayed for all purposes as to defendant 28 || Hutsell until the criminal case pending against him in state court based upon the incident at issue in this action is resolved. (Doc. No. 23.)