Philadelphia Indemnity Insurance Company v. United Revolver Club of Sacramento, Inc. ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PHILADELPHIA INDEMNITY No. 2:18-cv-2960 KJM DB INSURANCE COMPANY, a Pennsylvania 12 corporation, 13 Plaintiff, ORDER 14 v. 15 UNITED REVOLVER CLUB OF SACRAMENTO, INC., a California 16 corporation, 17 Defendant. 18 19 The matter was referred to a United States Magistrate Judge as provided by Local Rule 20 302(c)(19). On February 18, 2020, the magistrate judge filed findings and recommendations, 21 which were served on plaintiff and which contained notice that any objections to the findings and 22 recommendations were to be filed within fourteen days after service of the findings and 23 recommendations. The fourteen-day period has expired, and plaintiff has not filed any objections 24 to the findings and recommendations. 25 The court presumes that any findings of fact are correct. See Orand v. United States, 26 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 27 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 28 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 1 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 2 supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed February 18, 2020 (ECF No. 20) are adopted 5 in full; 6 2. Plaintiff’s August 22, 2019 motion for default judgment (ECF No. 14) is granted; 7 3. Judgment is entered against defendant United Revolver Club of Sacramento, Inc.; 8 4. The Court declares that plaintiff had and has no duty to defend defendant in the 9 consolidated action; 10 5. Defendant is ordered to pay plaintiff $143,336.12 in damages; and 11 6. This action is closed. 12 DATED: March 16, 2020. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28