Penn-Star In. Co., Inc. v. Gorsi Brothers Farm Labor Service et al

Filing 55

ORDER signed by District Judge Dale A. Drozd on 03/11/25 ADOPTING 54 Findings and Recommendations in full and GRANTING 35 Motion for Default Judgment. CASE CLOSED. (Deputy Clerk VLC)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PENN-STAR INSURANCE COMPANY,
INC.,
Plaintiff,

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v.
GORSI BROTHERS FARM LABOR
SERVICE, et al.,

No. 2:23-cv-01663-DAD-CSK

ORDER ADOPTING FINDINGS AND
RECOMMENDATION AND GRANTING
PLAINTIFF’S MOTION FOR ENTRY OF
DEFAULT JUDGMENT
(Doc. Nos. 35, 54)

Defendants.

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On August 10, 2023, plaintiff Penn-Star Insurance Company, Inc., filed this civil action

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against defendants Gorsi Brothers Farm Labor Service, Omer Daraz Gorsi, Hernan Pavonordaz,

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Erika Vargas, Marie Gonzalez, Arsenio Nicolas Gonzalez, Jorge Andres Yanez-Perez, Amrit

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Kaur Kooner, and Narinder Kaur. (Doc. No. 1.)

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On January 9, 2024, the Clerk of the Court entered default as to defendants Omer Daraz

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Gorsi, Gorsi Brothers Farm Labor Service, Narinder Kaur, Amrit Kaur Kooner, Hernan

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Pavonordaz because they were served with the summons and complaint and did not file a timely

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answer, responsive pleading, or otherwise appear in this action. (Doc. No. 27) On January 12,

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2024, the Clerk of the Court entered default as to defendants Jorge Andres Yanez-Perez and Erika

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Vargas because they too were served with the summons and complaint and did not file a timely

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answer, responsive pleading, or otherwise appear in this action. (Doc. Nos. 28, 29.) Finally, on
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February 15, 2024, the Clerk of the Court entered default as to defendant Arsenio Nicolas

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Gonzalez because he also was served with the summons and complaint and did not file a timely

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answer, responsive pleading, or otherwise appear in this action. (Doc. No. 33.) On April 22,

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2024, plaintiff filed the pending motion for default judgment. (Doc. No. 35.) This matter was

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referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636 and Local Rule 302.

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On February 14, 2025, the assigned magistrate judge issued findings and

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recommendations recommending that plaintiff’s motion for default judgment be granted and that

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this case be closed. (Doc. No. 54.) Specifically, the magistrate judge noted that in its complaint

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plaintiff seeks only declaratory relief and recommended that the court make a finding that

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plaintiff Penn-Star owes no duty to defend or indemnify the defendants in Sutter County Superior

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Court cases: Kooner, et. al. v. Gorsi, et. al., case number CVCS21-0001098 and Vargas, et. al. v.

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Gorsi Brothers Farm Labors Service, et. al., case number CVCS21-0001080. (Id. at 12.) The

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findings and recommendations provided that any objections thereto were to be filed within

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fourteen (14) days. (Id. at 13.) To date, no objections have been filed and the time for doing so

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has now passed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court conducted a de

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novo review of the case. Having carefully reviewed the file, the court concludes that the findings

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and recommendations are supported by the record and proper analysis.

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Accordingly:

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1.

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The Findings and Recommendations issued February 14, 2025 (Doc. No. 54) are
ADOPTED;

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2.

Plaintiff’s motion for default judgment (Doc. No. 35) is GRANTED;

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3.

The Court finds that Penn-Star owes no duty to defend or indemnify Gorsi

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Brothers Farm Labor Service, Omer Daraz Gorsi and Hernan Pavonordaz as to

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claims brought by Erika Vargas, individually and as heir to Stephanie Marie

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Gonzalez, Arsenio Nicolas Gonzalez, as heir to Stephanie Marie Gonzalez, Jorge

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Andres Yanez-Perez, Amrit Kaur Kooner, and Narinder Kaur in Sutter County

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Superior Court cases: Kooner et. al. v. Gorsi, et al., case number CVCS212

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0001098 and Vargas, et al. v. Gorsi Brothers Farm Labors Service, et al., case

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number CVCS21-0001080; and

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4.

The Clerk of the Court is directed to enter judgment in favor of plaintiff and close

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this case.

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IT IS SO ORDERED.

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Dated:

March 11, 2025
DALE A. DROZD
UNITED STATES DISTRICT JUDGE

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