Progressive Direct Insurance Company et al v. Ceron et al

Filing 40

DEFAULT JUDGMENT against Defendant Jonathan Vargas. IT IS HEREBY ORDERED that 35 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)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 5 PROGRESSIVE DIRECT INSURANCE CO., et al., Plaintiff(s), 6 7 8 9 v. DANIEL CERON, et al., Case No. 2:16-cv-01265-APG-PAL DEFAULT JUDGMENT AGAINST DEFENDANT JONATHAN VARGAS (ECF NO. 35) Defendant(s). 10 11 Plaintiffs PROGRESSIVE DIRECT INSURANCE COMPANY and PROGRESSIVE 12 NORTHERN INSURANCE COMPANY (collectively “Progressive”) filed their motion for entry 13 of default judgment as to Jonathan Vargas. ECF No. 35. I have considered all applicable papers 14 and pleadings on file, and I find that the factors set forth in Eitel v. McCool, 782 F.2d 1470 (9th 15 Cir. 1986) favor entry of default judgment in favor of Progressive. 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY ORDERED that Progressive’s application for entry of default judgment (ECF No. 35) is GRANTED. I declare that: Defendant Jonathan 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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