Farmers New World Life Insurance Company v. Adams et al

Filing 24

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS - granting 20 Motion for Default Judgment against DEF CHRISTOPHER ADAMS; granting 20 Motion for Attorney Fees; granting 20 Motion to Dismiss. Signed by Judge Dana L. Christensen on 9/22/2014. (APP, )

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

BUTTE DIVISION

FARMERS NEW WORLD LIFE
INSURANCE COMPANY, a

Washington corporation

Plaintiff,
vs.
CHRISTOPHER G. ADAMS, an

individual, STEPHEN MONGILLO,
an individual, and ANNA

MONGILLO, an individual,

CV 13-85-BU-DLC

ORDER

FILeD
SE? 2 2 201~

CIefk. u.s DiItrict Court

DiItrid Of Montana

MissOUla

Defendants.
United States Magistrate Judge Jeremiah C. Lynch entered his Findings and
Recommendation on June 19,2014, recommending that the Plaintiff Farmers New
World Life Insurance Company's ("Farmers") motion for default judgment against
Defendant Christopher Adams be granted, Farmers motion for attorney fees and
costs be granted in the amount of $4,809.23, and Farmers' motion for discharge
and dismissal be granted. No party timely objected to the Findings and
Recommendation, and so have waived the right to de novo review of the record.
28 U.S .C. § 636(b)(1). The Court will therefore review the record for clear error.
McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313

(9th Cir. 1981). The Court adopts Judge Lynch's findings and recommendation in
full.
Judge Lynch correctly determined that a default judgment should be entered
against Defendant Christopher. Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir.
1986). Judge Lynch also determined an appropriate amount of attorney's fees and
costs to be awarded to Farmers. There being no clear error in any of Judge
Lynch's findings or recommendations,
IT IS ORDERED that Judge Lynch's Findings and Recommendation
(Doc. 9) are ADOPTED IN FULL.
1)

Farmers' Motion for Default Judgment against Defendant Christopher
Adams (Doc. 20) is GRANTED.

2)

Farmers' Motion for Attorney Fees and Costs be GRANTED in the
amount of $4,809.23, and

3)

Farmers' Motion for Discharge and Dismissal be GRANTED, so that
it is discharged from all liability with respect to the Policy and
dismissed from this action.

DATED this

1.1.

~ay of Septemb
Dana L. Christensen, Chief Judge
United States District Court
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