Bristol v. Hughes ( 2023 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 8 DISTRICT OF NEVADA 9 Case No.: 2:16-cv-00705-JCM-CWH GABRIEL M. BRISTOL, an individual, 10 Plaintiff, AMENDED JUDGMENT 11 AGAINST COUNTER-DEFENDANT v. GABRIEL BRISTOL 12 13 ELIZABETH JOAN HUGHES, an individual, 14 Defendant. 15 ELIZABETH JOAN HUGHES, an individual, 16 Counter-Claimant, 17 v. 18 GABRIEL M. BRISTOL, an individual, 19 Counter-Defendant. 20 21 This Amended Order is being submitted to correct an error on Paragraphs D and E on the March 22 13, 2023 Order. 23 24 On February 3, 2023, Counter-Claimant ELIZABETH JOAN HUGHES, Motion for Default 25 Judgment against GABRIEL BRISTOL was filed with this Court. The time for a response has passed 26 After Considering all papers and evidence presented and entertaining arguments of counsel, 27 1 THEREFORE, on the Motion for Default Judgment, it is hereby ORDERED AND DECREED as follows; 3 A. THAT, the grounds for default are clearly established and the Clerk of Court properly 4 || entered a default against the Counter-Defendant. 5 B. THAT entry of Default Judgment is Warranted under Rule 55(b)(2). 6 C. THAT Counter-Claimant has satisfied the Eitel factors as outlined in their Application for 7 Default Judgment; (1) the possibility of prejudice to the plaintiff; (2) the merits of the claim; (3) the 8 sufficiency of the complaint; (4) the amount of money at stake; (5) the possibility of a dispute concerning ° material facts; (6) whether default was due to excusable neglect, and (7) the policy favoring a decision on the merits. Eitel, 782 F.2d at 1471-72. E. THAT the Counter-Claimant is entitled to a monetary damage award in the amount of 13 Five Hundred Ninety Thousand, Three Hundred Nineteen Dollars and Eighty-Six Cents ($590,319.86). 14 F. THAT the Counter-Claimant is entitled to an award of attorney’s fees in the amount to 15 || be determined by further motion. 16 17 DATED March 20, 2023. 18 19 20 Rtas ©. Atala. 21 (Hon ames Mahan United States District Judge 23 24 25 26 27 28 Order— 2