Pruco Life Insurance Company v. California Energy Development, Inc. ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 PRUCO LIFE INSURANCE COMPANY, Case No.: 3:18-cv-02280-DMS-AHG 12 Plaintiff, AMENDED JUDGMENT GRANTING INJUNCTIVE RELIEF AND AWARD 13 v. OF ATTORNEY FEES AND COSTS 14 CALIFORNIA ENERGY DEVELOPMENT INC., et al., 15 Defendants. 16 17 18 19 Pursuant to the Order entered concurrently herewith (ECF No. 404), the Court enters 20 this amended judgment pursuant to Fed. R. Civ. P. 58(a) and 60(a). The Court hereby 21 AMENDS its August 29, 2022 Judgment Granting Injunctive Relief (ECF No. 398) to 22 include the award of attorney fees and costs granted to Life Advance, LLC (“Life 23 Advance”) in the Court’s November 22, 2022 Order Granting Supplemental Fee 24 Application of Counsel for Life Advance LLC (ECF No. 402), as follows: 25 1. Pursuant to John J. Walsh’s grant of consent to the undersigned Magistrate 26 Judge to resolve all disputes related to the enforcement of his settlement agreement with 27 28 1 Life Advance, and the Court’s express retention of jurisdiction over the settlement 2 agreement in the amended Order Granting Joint Motion for Order Dismissing John J. 3 Walsh as Defendant and Cross-Defendant (ECF No. 237), John J. Walsh is hereby 4 ENJOINED from maintaining (a) the state court action in the Superior Court of California 5 for the County of San Diego, Case No. 37-2022-00015515-CU-MC-CTL, and (b) the 6 federal action he filed in this Court on April 6, 2022, captioned Dr. John J. Walsh v. 7 California Energy Development, et al., Case No. 3:22-cv-00449-JO-BGS (S.D. Cal.). Mr. 8 Walsh is ORDERED to dismiss both of these actions no later than September 16, 2022.2 9 If Mr. Walsh fails to meet this deadline, he will be held in contempt of court and 10 shall face civil contempt sanctions of $1,000 per day to coerce his compliance. 11 2. Mr. Walsh is further PERMANENTLY ENJOINED from bringing any 12 future claims asserting any claim to the proceeds of the life insurance policy that were at 13 issue in this interpleader action or otherwise arising from the same transactional nucleus of 14 facts giving rise to his claim to the policy proceeds. 15 3. Mr. Walsh is further PERMANENTLY ENJOINED from bringing any 16 future claims related to the interpretation or enforcement of his settlement agreement with 17 Life Advance in any Court other than the Southern District of California or before any 18 other judge other than the undersigned Magistrate Judge.3 19 20 21 1 Mr. Walsh’s settlement agreement with Life Advance can be found in the record at ECF No. 375-3 at 3-14. 22 23 2 Because this is an amended judgment, the September 16, 2022 deadline associated with the injunctive relief granted in the Court’s original judgment has now passed. However, 24 the Court has preserved the text of the original judgment to reflect the Court’s original 25 contemporaneous intent. See Garamendi v. Henin, 683 F.3d 1069, 1079 (9th Cir. 2012). 26 3 If the undersigned is no longer a Magistrate Judge in this Court at the time any future 27 dispute regarding the settlement agreement arises, the party seeking enforcement or interpretation of the settlement agreement may petition this Court for another judge in the 28 l 4. Mr. Walsh is further ORDERED to pay Life Advance a total of $18,230.65 2 ||in accordance with the Order Granting Supplemental Fee Application of Counsel for Life 3 || Advance LLC (ECF No. 402) by December 22, 2022. This total consists of fees in the 4 ||amount of $17,430, representing 19.6 hours billed by Mr. De Phillips at a rate of $450 per 5 || hour and 24.6 hours billed by Mr. Carlson at a rate $350 per hour, and costs in the amount 6 || of $800.65. 7 The Clerk of Court is DIRECTED to mail a copy of this Order to John J. Walsh at: 8 6027 Charae Street 9 San Diego, CA 92122 10 IT IS SO ORDERED. 11 || Dated: December 8, 2022 12 AWioevdH. Kovolarsl B Honorable Allison H. Goddard United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 |, 28 of the Court’s jurisdiction in the amended dismissal order (ECF No. 237).