PHL Variable Insurance Company v. Crescent Financial & Insurance Agency, Inc. et al

Filing 41

MINUTES (IN CHAMBERS) - PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT AND DEFAULT JUDGMENT AGAINST CRESCENT FINANCIAL & INSURANCE AGENCY, INC. by Judge Christina A. Snyder: The Court ORDERS the Clerk to enter default against defendant Crescent pursuan t to Federal Rule of Civil Procedure 55(a). However, the Court DENIES plaintiffs application for entry of default judgment 38 without prejudice. Plaintiff is directed to submit a revised motion for default judgment including (1) a declaration affir ming that Crescent has been properly served with notice, Fed. R. Civ. P. 55(b)(2); C.D. Cal. R. 55-1, 55-2; and (2) a more detailed declaration or additional documentary evidence to prove up the amount of damages requested. Plaintiff should identify the number of insurance policies that lapsed within a year of issuance (and, if possible, identify the policies by number and/or insured) in addition to the amount of the commission on each policy that Crescent failed to repay. Court Reporter: Not Present. (gk)