American General Life Insurance Company v. Vogel et al

Filing 51

ORDER ADOPTING 47 Findings and Recommendations ; ORDER GRANTING Plaintiff's 46 Motion for Default Judgment, signed by District Judge Ana de Alba on 11/18/2022, signed by District Judge Ana de Alba on 11/18/2022.(Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 AMERICAN GENERAL LIFE INSURANCE COMPANY, Plaintiff, 13 14 15 16 No. 1:21-cv-00762-ADA-SKO v. ESPERANZA VARGAS VOGEL, et al., Defendants. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS GRANTING PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT (Doc. Nos. 46, 47) 17 18 On May 12, 2021, Plaintiff filed this diversity action seeking a declaration pursuant to the 19 Declaratory Judgment Act, 28 U.S.C. § 2201 et seq., of the proper direction of payments due 20 under an annuity contract. (Doc. No. 1.) Plaintiff filed an amended complaint on May 26, 2022, 21 to interplead, pursuant to Federal Rule of Civil Procedure 22, Defendants’ competing claims to 22 the annuity payments. (Doc. No. 28.) 23 Defendant Monico Rodriguez, as Trustee of the Esperanza Vargas Special Needs Trust 24 (“Defendant Rodriguez”), was served on June 30, 2022 (Doc. No. 38), and Defendant Esperanza 25 Vargas Vogel was served on July 14, 2022 (Doc. No. 39). Neither Defendant filed an answer nor 26 has taken any action indicating that they intend to defend this suit. Plaintiff requested entry of 27 default against Defendants on August 9, 2022 (Doc. No. 40), which was entered by the Clerk of 28 Court that same day (Doc. No. 41). 1 1 On August 24, 2022, Plaintiff filed a motion for default judgment. (Doc. No. 46.) 2 Pursuant to 28 U.S.C. § 636(b), the pending motion was referred to a United States Magistrate 3 Judge for the issuance of findings and recommendations. (See Doc. No. 47 at 2 n.1.) 4 On September 16, 2022, the assigned Magistrate Judge issued findings and 5 recommendations recommending that Plaintiff’s motion for default judgment (Doc. No. 46) be 6 granted. (Doc. No. 47.) Those findings and recommendations contained notice that any 7 objections thereto were be filed within twenty-one (21) days after service. (Id. at 15.) To date, 8 no objections have been filed and the time for doing so has now passed. 9 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court conducted a de 10 novo review of the case. Having carefully reviewed the file, the Court concludes that the findings 11 and recommendations are supported by the record and proper analysis. 12 Accordingly, 13 1. 14 The findings and recommendations issued on September 16, 2022 (Doc. No. 47) are ADOPTED in full; 15 2. Plaintiff’s motion for default judgment (Doc. No. 46) is GRANTED; 16 3. Defendants Esperanza Vargas Vogel and Monico Rodriguez, as Trustee of the 17 Esperanza Vargas Special Needs Trust (collectively, “Defendants”), are enjoined 18 and restrained from instituting or prosecuting further any proceeding in any State 19 or United States court, including this Court, either at law or in equity, against 20 Plaintiff or its affiliates and agents arising out of or relating to Annuity No. 404138 21 (the “Annuity”) or the held or remaining payments due under the Annuity (the 22 “Annuity Payments”); 23 4. Plaintiff and its past, present, and future parents, subsidiaries, affiliates, successors, 24 assignees, agents, producers, servants, employees, officers, directors, principals, 25 representatives, attorneys, and insurers are fully and finally discharged from any 26 further liability arising out of or relating to the Annuity or Annuity Payments; 27 28 5. Plaintiff is awarded its attorney’s fees and costs in the amount of $8,641.46, which are to be deducted from the currently held Annuity Payments prior to deposit into 2 1 2 the registry of the Court; 6. All claims, demands, debts, or causes of action that could have been asserted 3 against Plaintiff by Defendants arising out of or relating to the Annuity or Annuity 4 Payments are DISMISSED with prejudice; and 5 7. Plaintiff is DISMISSED with prejudice from this action. 6 7 8 9 IT IS SO ORDERED. Dated: November 18, 2022 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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