American General Life Insurance Company v. Radulovic et al

Filing 36

Order by Judge Lucy Koh Granting 25 Motion for Default Judgment; Adopting 29 Report and Recommendations. (lhklc2S, COURT STAFF) (Filed on 9/16/2016)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION United States District Court Northern District of California 11 12 AMERICAN GENERAL LIFE INSURANCE COMPANY, 13 14 Case No. 16-CV-02258-LHK ORDER GRANTING MOTION FOR DEFAULT JUDGMENT AND ADOPTING REPORT AND RECOMMENDATION Plaintiff, v. 15 BRITTA RADULOVIC, et al., Re: Dkt. Nos. 25, 29 16 17 Defendants. 18 Plaintiff American General Life Insurance Company (“Plaintiff”) brings this statutory 19 interpleader action against Britta Radulovic (“Radulovic”) and William Simon (“Simon”), in 20 Simon’s capacity as Trustee of the Brita Van Horn Trust. Simon was served on June 16, 2016, but 21 did not file a responsive pleading or motion. ECF No. 17. Accordingly, Plaintiff moved for entry 22 of default against Simon on July 19, 2016, ECF No. 19, and the Clerk’s Office entered default 23 against Simon on July 26, 2016, ECF No. 23. 24 On July 26, 2016, Plaintiff moved for entry of default judgment against Simon. ECF No. 25 25 (“Mot.”). Radulovic, the other Defendant in this case, filed a statement of non-opposition. 26 ECF No. 26. On August 24, 2016, U.S. Magistrate Judge Howard Lloyd issued a Report and 27 28 1 Case No. 16-CV-02258-LHK ORDER GRANTING MOTION FOR DEFAULT JUDGMENT AND ADOPTING REPORT AND RECOMMENDATION 1 Recommendation that Plaintiff’s motion for default judgment against Simon be granted. ECF No. 2 29. Judge Lloyd also recommended that Simon, as Trustee of the Brita Van Horn Trust, be 3 “permanently enjoined from instituting or prosecuting any proceeding in any State, or United 4 States, Court against [Plaintiff] with respect to life insurance policy number 2030250L.” Id. at 6. 5 No objections have been filed to Judge Lloyd’s Report and Recommendation, and the time 6 to file objections has now expired. See Fed. R. Civ. P. 72(b)(2) (providing parties 14 days to file 7 to object to a magistrate judge’s report and recommendation). 8 Having reviewed the Report and Recommendation, as well as the record in this case, the 9 Court finds that the Report and Recommendation is well-founded in fact and in law. The Court therefore ADOPTS the Report and Recommendation in its entirety. Accordingly, Plaintiff’s 11 United States District Court Northern District of California 10 motion for default judgment against Simon is GRANTED, and Simon, as Trustee of the Brita Van 12 Horn Trust, is permanently enjoined from instituting or prosecuting any proceeding in any State, 13 or United States, Court against Plaintiff with respect to life insurance policy number 2030250L. 14 IT IS SO ORDERED. 15 Dated: September 16, 2016. 16 17 ______________________________________ LUCY H. KOH United States District Judge 18 19 20 21 22 23 24 25 26 27 28 2 Case No. 16-CV-02258-LHK ORDER GRANTING MOTION FOR DEFAULT JUDGMENT AND ADOPTING REPORT AND RECOMMENDATION

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?