NY Life Ins. Co. v. Begashaw, et al
Filing
44
ORDER signed by Senior District Judge Kimberly J. Mueller on 10/23/24 ADOPTING 42 Findings and Recommendations in full and GRANTING 24 Motion for Default Judgment and default judgment is entered against defendant Begashaw. The entry of default judgment, however, is not construed as a determination of the rightful beneficiary to the death benefit. (Licea Chavez, V)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
12
NEW YORK LIFE INSURANCE
COMPANY,
Plaintiff,
13
v.
14
15
Case No. 2:22-cv-02081-KJM-JDP
ORDER
MICHAEL BEGASHAW & ENDALE
TESSEMA,
16
Defendants.
17
Plaintiff’s motion for entry of default judgment was submitted for decision without oral
18
19
argument by the magistrate judge. The matter was referred to a United States Magistrate Judge as
20
provided by Local Rule 302(c)(19) and 28 U.S.C. § 636(b)(1).
On August 20, 2024, the magistrate judge filed findings and recommendations, which
21
22
contained notice to the parties that any objections to the findings and recommendations were to be
23
filed within fourteen days. No objections were filed.
The court presumes that any findings of fact are correct. See Orand v. United States,
24
25
602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed
26
de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law
27
by the magistrate judge are reviewed de novo by both the district court and [the appellate] court
28
/////
1
1
. . . .”). Having reviewed the file, the court finds the findings and recommendations to be
2
supported by the record and by the proper analysis.
3
Accordingly, IT IS HEREBY ORDERED that:
4
1. The Findings and Recommendations filed August 20, 2024, are adopted in full;
5
2. Plaintiff’s motion for default judgment, ECF No. 24, is granted and default judgment is
6
entered against defendant Begashaw. The entry of default judgment, however, is not construed as
7
a determination of the rightful beneficiary to the death benefit;
8
3. Plaintiff is discharged from any and all liability to defendant Begashaw regarding the
9
life insurance policy issued to Mariamawit Tessema and the death benefit under the policy; and
10
4. Defendant Begashaw is permanently enjoined from bringing any action or proceeding
11
in any forum against plaintiff relating to the life insurance policy issued to Mariamawit
12
Tessema’s or the death benefit under the policy.
13
DATED: October 23. 2024.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?