First National Insurance Company of America v. Hunt et al

Filing 30

ORDER signed by Judge William B. Shubb on 7/27/11, ORDERING that judgment in the amount of $446,164.04 be entered in favor of plaintiff and against defendants Cecilia Hunt and Action Construction Co., jointly and severally, on plaintiff's first cause of action for breach of indemnity agreement. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NO. CIV. 2:10-1449 WBS GGH

FIRST NATIONAL INSURANCE
COMPANY OF AMERICA,

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ORDER

Plaintiff,
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v.
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GREGORY L. HUNT, individually
and doing business as Hunt’s
Excavating; CECILIA HUNT, an
individual, and ACTION
CONSTRUCTION CO., a Nevada
corporation.
Defendants.
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In the court’s June 2, 2011, Order, (Docket No. 26),

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the court granted plaintiff’s motion for summary judgment on its

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first cause of action for breach of indemnity agreement against

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all defendants in the amount of $446,164.04.

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to have judgment entered on that claim.

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Plaintiff now seeks

On June 6, 2011, defendant Gregory L. Hunt filed a
Voluntary Petition under Chapter 7 of the United States
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Bankruptcy Code in the United States Bankruptcy Court for the

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Eastern District of California, Case No. 11-34096.

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is thus automatically stayed as to him pursuant to 11 U.S.C. §

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362, which prevents the “commencement or continuation . . . of a

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judicial, administrative, or other action or proceeding against

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the debtor that was or could have been commenced before the

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commencement” of the bankruptcy action.

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This action

11 U.S.C. § 362(a)(1).

Under Federal Rule of Civil Procedure 54(b), when an
action presents more than one claim for relief or when multiple

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parties are involved, the court “may direct entry of a final

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judgment as to one or more, but fewer than all, claims or parties

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only if the court expressly determines that there is no just

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reason for delay.”

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in this case there is no reason why plaintiff should be denied

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its remedies against other parties simply because one party is in

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bankruptcy.

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Fed. R. Civ. P. 54(b).

The court finds that

IT IS THEREFORE ORDERED that judgment in the amount of

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$446,164.04 be entered in favor of plaintiff and against

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defendants Cecilia Hunt and Action Construction Co., jointly and

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severally, on plaintiff’s first cause of action for breach of

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indemnity agreement.

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DATED:

July 27, 2011

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