1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 SCOTTSDALE INSURANCE COMPANY, ) Case No.: 1: 23-cv-1548 JLT EPG ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS AND DENYING 13 v. ) WITHOUT PREJUDICE PLAINTIFF’S MOTION ) FOR DEFAULT JUDGMENT 14 AGRIGENIX, LLC, et al., ) ) (Docs. 25, 33) 15 Defendants. ) ) 16 )

17 Scottsdale Insurance Company seeks the entry of default judgment against Agrigenix, LLC and 18 Sean Mahoney, seeking “a default declaratory judgment stating that it has no obligation to provide 19 indemnity coverage for any damages awarded to [Defendant Deerpoint] in Deerpoint Group, Inc. v. 20 Agrigenix, LLC., et al., USDC Eastern District, Case No. 1:18-cv-00536-AWI-BAM.” (Doc. 25 at 2.) 21 While issuing her findings and recommendations, the magistrate judge observed that Deerpoint 22 filed an answer and counterclaims against Scottsdale. (Doc. 33 at 3, citing Doc. 7.) Because Plaintiff 23 asserts the same claims against Deerpoint as the defaulting defendants, the magistrate judge found it 24 was “inappropriate to grant default judgment to Plaintiff based on the failure of Agrigenix and 25 Mahoney to appear and defend in this case.” (Id. at 5.) Therefore, the magistrate judge recommended 26 the motion for default judgment be denied without prejudice. (Id. at 6.) 27 The Court served the Findings and Recommendations on the parties and notified Plaintiff that 28 any objections were due within 14 days. (Doc. 33 at 6.) The Court advised Plaintiff that the “failure to 1 || file objections within the specified time may result in the waiver of rights on appeal.” (/d., citing 2 || Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file objections, and the 3 || time to do so has passed. 4 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. 5 || Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are 6 || supported by the record and proper analysis. Thus, the Court ORDERS: 7 1. The Findings and Recommendations dated July 22, 2024 (Doc. 33) are ADOPTED in 8 full. 9 2. Plaintiff's motion for default judgment (Doc. 25) is DENIED without prejudice. 10 11 ||IT IS SO ORDERED. Dated: _ August 8, 2024 Charis [Tourn 13 TED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28