-DAD Certain Underwriters at Lloyd's, London v. Triduanum Financial, Inc. et al, No. 2:2010cv00116 - Document 55 (E.D. Cal. 2012)

Court Description: ORDER adopting 54 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge Morrison C. England, Jr on 1/6/12: Plaintiff's motion for default judgment is GRANTED 47 . The policy of insurance issued by Plaintiff to Defendants is rescinded and void . Plaintiff has no duty to defend or indemnify Defendants under the Policy with respect to the Underlying Lawsuit, and thus, Plaintiff may cease funding Defendants' defense in that action. Plaintiff's request for award of costs is DENIED. The Clerk of the Court is directed to close this case. (Kaminski, H)

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-DAD Certain Underwriters at Lloyd's, London v. Triduanum Financial, Inc. et al Doc. 55 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CERTAIN UNDERWRITERS AT LLOYDS, LONDON, No. 2:10-cv-00116-MCE-DAD 12 Plaintiff, 13 ORDER v. 14 15 16 TRIDUANUM FINANCIAL, INC., JOHNNY E. GRIVETTE, J.R., CHRISTOPHER JARED WARREN, and SCOTT EDWARD CAVELL, 17 Defendants. 18 19 20 21 / The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(19). On November 30, 2011, the magistrate judge filed findings and recommendations herein 22 which were served on plaintiff and which contained notice that any objections were to be filed 23 within fourteen days after the filing of the findings and recommendations. No objections to the 24 findings and recommendations have been filed. 25 26 The Court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge’s analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed November 30, 2011 (ECF No. 54) are 3 ADOPTED in full; 4 2. Plaintiff’s motion for default judgment (ECF No. 47) is GRANTED; 5 3. The policy of insurance issued by Plaintiff to Defendants is rescinded and void; 6 4. Plaintiff has no duty to defend or indemnify Defendants under the Policy with respect 7 to the Underlying Lawsuit, and thus, Plaintiff may cease funding Defendants’ defense in that 8 action; 9 10 11 5. Plaintiff’s request for award of costs is DENIED. 6. The Clerk of the Court is directed to close this case. Dated: January 6, 2012 12 13 14 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 2

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