New York Life Insurance and Annuity Corporation v. Janet Frenchick Contreras et al

Filing 63

JUDGMENT AGAINST DEFENDANT ELIZABETH ANN MCEACHERN by Judge John F. Walter. The Court hereby dismisses all claims and counterclaims alleged by Defendant/Counter-Defendant MCEACHERN in this Action. The Court hereby enters a final Judgment against Defendant/Counter Defendant MCEACHERN in this Action on all counts and causes of actions pled and alleged in the First Amended Counter Claim filed by JANET in this Action. (iv)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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NEW YORK LIFE INSURANCE AND )
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ANNUITY CORPORATION,
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Plaintiff,
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v.
JANET FRENCHICK CONTRERAS; )
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ELIZABETH ANN MCEACHERN;
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AND MARCUS CONTRERAS,
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Defendants.
___________________________

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AND RELATED CROSS-ACTIONS
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___________________________
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Case No. CV 19-5620-JFW(PJWx)
JUDGMENT AGAINST DEFENDANT
ELIZABETH ANN MCEACHERN

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This Action came on regularly for Pre-Trial Conference on

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August 6, 2020, in Courtroom 7A, 350 W. 1st Street, Los

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Angeles, California 90012 of the Central District of

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California, the Honorable John F. Walter presiding via

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videoconference.

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David S. Lin appeared on behalf of Defendant and Counter-

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Claimant JANET FRENCHICK CONTRERAS (hereinafter “Defendant

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JANET”).

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behalf of Defendant MARCUS CONTRERAS (hereinafter “Defendant

Attorney David S. Lin of the Law Offices of

Attorney James K. Lo of the Lo Law Firm appeared on

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MARCUS”). No appearance was made by Defendant and Counter

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Defendant ELIZABETH ANN MCEACHERN (hereinafter “MCEACHERN”)or

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her counsel, Jason Allison.

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At the Pre-Trial Conference, the Court issued its

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dispositive rulings against Defendant MCEACHERN and in favor

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of Defendant/Counterclaimant JANET on August 6, 2020 as

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follows:

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NOW, THEREFORE, THERE BEING NO JUST REASON FOR DELAY

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UNDER FED. R. CIV. P. 54(b), IT IS HEREBY RULED, ADJUDGED AND

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FINALLY DECIDED THAT:

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Given Defendant and Counter-Defendant Elizabeth Ann

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McEachern and her counsel, Jason Allison’s failure

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to comply with discovery and court procedures, i.e.,

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Rule 16(f)(1) and failure to attend the Pre-Trial

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Conference hearing in this case, showing a complete

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lack of respect and disregard for the Court and the

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Judicial Process and failure to prosecute such

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Action, warrants a proper Dismissal of any and all

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claims and counter claims previously pled or alleged

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by Defendant/Counter-Defendant MCEACHERN in this

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Action;

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2.

Defendant/Counter-Defendant MCEACHERN’s previously

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filed Answer to the subject Interpleader Complaint

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filed by New York Life Insurance Company (NYLIC) in

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this Action is hereby stricken by the Court.

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3.

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filed Answer to the Counter Claim filed by JANET

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Defendant/Counter-Defendant MCEACHERN’s previously

against MCEACHERN is hereby stricken by the Court.
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The Court hereby dismisses all claims and

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counterclaims alleged by Defendant/Counter-Defendant

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MCEACHERN in this Action.

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5.

The Court hereby enters a Default on all counts and

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causes of actions pled and alleged in the First

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Amended Counter Claim filed by JANET against

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Defendant/Counter Defendant MCEACHERN in this

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Action.

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6.

The Court hereby enters a final Judgment against

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Defendant/Counter Defendant MCEACHERN in this Action

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on all counts and causes of actions pled and alleged

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in the First Amended Counter Claim filed by JANET in

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this Action.

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DATED:

August 13, 2020

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HON. JOHN F. WALTER
UNITED STATES DISTRICT JUDGE

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