Bristol v. Hughes et al

Filing 82

AMENDED JUDGMENT Against Counter-Defendant Gabriel Bristol. Signed by Judge James C. Mahan on 3/20/2023. (Copies have been distributed pursuant to the NEF - KF)

Case 2:16-cv-00705-JCM-CWH Document 82 Filed 03/20/23 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GABRIEL M. BRISTOL, an individual,
Plaintiff,
v.

Defendant.
ELIZABETH JOAN HUGHES, an individual,
Counter-Claimant,

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v.
GABRIEL M. BRISTOL, an individual,
Counter-Defendant.

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AMENDED JUDGMENT
AGAINST COUNTER-DEFENDANT
GABRIEL BRISTOL

ELIZABETH JOAN HUGHES, an individual,

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Case No.: 2:16-cv-00705-JCM-CWH

This Amended Order is being submitted to correct an error on Paragraphs D and E on the March
13, 2023 Order.

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On February 3, 2023, Counter-Claimant ELIZABETH JOAN HUGHES, Motion for Default

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Judgment against GABRIEL BRISTOL was filed with this Court. The time for a response has passed

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After Considering all papers and evidence presented and entertaining arguments of counsel,

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Order– 1

Case 2:16-cv-00705-JCM-CWH Document 82 Filed 03/20/23 Page 2 of 2

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THEREFORE, on the Motion for Default Judgment, it is hereby ORDERED AND DECREED as
follows;
A.

THAT, the grounds for default are clearly established and the Clerk of Court properly

entered a default against the Counter-Defendant.

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B.

THAT entry of Default Judgment is Warranted under Rule 55(b)(2).

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C.

THAT Counter-Claimant has satisfied the Eitel factors as outlined in their Application for

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Default Judgment; (1) the possibility of prejudice to the plaintiff; (2) the merits of the claim; (3) the
sufficiency of the complaint; (4) the amount of money at stake; (5) the possibility of a dispute concerning
material facts; (6) whether default was due to excusable neglect, and (7) the policy favoring a decision on
the merits. Eitel, 782 F.2d at 1471-72.
E.

THAT the Counter-Claimant is entitled to a monetary damage award in the amount of

Five Hundred Ninety Thousand, Three Hundred Nineteen Dollars and Eighty-Six Cents ($590,319.86).
F.

THAT the Counter-Claimant is entitled to an award of attorney’s fees in the amount to

be determined by further motion.

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DATED March 20, 2023.

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____________________________
Hon. James C. Mahan
United States District Judge

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Order– 2