Progressive Direct Insurance Company et al v. Ceron et al
DEFAULT JUDGMENT against Defendant Martin Vargas. IT IS HEREBY ORDERED that 34 Progressive's application for entry of default judgment is GRANTED. Signed by Judge Andrew P. Gordon on 4/5/17. (Copies have been distributed pursuant to the NEF - MR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
PROGRESSIVE DIRECT INSURANCE
CO., et al.,
DANIEL CERON, et al.,
Case No. 2:16-cv-01265-APG-PAL
DEFAULT JUDGMENT AGAINST
DEFENDANT MARTIN VARGAS
(ECF NO. 34)
Plaintiffs PROGRESSIVE DIRECT INSURANCE COMPANY and PROGRESSIVE
NORTHERN INSURANCE COMPANY (collectively “Progressive”) filed their motion for entry
of default judgment as to Martin Vargas. ECF No. 34. I have considered all applicable papers
and pleadings on file, and I find that the factors set forth in Eitel v. McCool, 782 F.2d 1470 (9th
Cir. 1986) favor entry of default judgment in favor of Progressive.
IT IS HEREBY ORDERED that Progressive’s application for entry of default judgment
(ECF No. 34) is GRANTED. I declare that:
Defendant Martin Vargas’ policy with Progressive was void ab initio as a result of
misrepresentations by Mr. Vargas at the time of application.
Progressive is, therefore, not bound by the policy or law to defend or indemnify Mr.
Vargas under the policy.
DATED this 5th day of April, 2017.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
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