Certain Underwriters at Lloyd's, London v. Triduanum Financial, Inc. et al

Filing 55

ORDER adopting 54 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge Morrison C. England, Jr on 1/6/12: Plaintiff's motion for default judgment is GRANTED 47 . The policy of insurance issued by Plaintiff to Defendants is rescinded and void . Plaintiff has no duty to defend or indemnify Defendants under the Policy with respect to the Underlying Lawsuit, and thus, Plaintiff may cease funding Defendants' defense in that action. Plaintiff's request for award of costs is DENIED. The Clerk of the Court is directed to close this case. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CERTAIN UNDERWRITERS AT
LLOYDS, LONDON,

No. 2:10-cv-00116-MCE-DAD

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Plaintiff,
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ORDER
v.

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TRIDUANUM FINANCIAL, INC.,
JOHNNY E. GRIVETTE, J.R.,
CHRISTOPHER JARED WARREN,
and SCOTT EDWARD CAVELL,

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Defendants.

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/
The matter was referred to a United States Magistrate Judge pursuant to Local Rule
302(c)(19).
On November 30, 2011, the magistrate judge filed findings and recommendations herein

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which were served on plaintiff and which contained notice that any objections were to be filed

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within fourteen days after the filing of the findings and recommendations. No objections to the

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findings and recommendations have been filed.

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The Court has reviewed the file and finds the findings and recommendations to be
supported by the record and by the magistrate judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed November 30, 2011 (ECF No. 54) are

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ADOPTED in full;

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2. Plaintiff’s motion for default judgment (ECF No. 47) is GRANTED;

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3. The policy of insurance issued by Plaintiff to Defendants is rescinded and void;

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4. Plaintiff has no duty to defend or indemnify Defendants under the Policy with respect

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to the Underlying Lawsuit, and thus, Plaintiff may cease funding Defendants’ defense in that

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action;

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5. Plaintiff’s request for award of costs is DENIED.
6. The Clerk of the Court is directed to close this case.
Dated: January 6, 2012

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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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