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)

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