Woodford

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PROGRESSIVE DIRECT INSURANCE No. 2:24-cv-2809 DJC AC

COMPANY,

12 Plaintiff, 13 FINDINGS AND RECOMMENDATIONS v. 14

DARLENE WOODFORD, REBECCA

15 LOFTIS, KENNITH BULLIS, 16 Defendants. 17 18 This matter is before the court on plaintiff’s motion for default judgment. ECF No. 11. 19 The motion was referred to the undersigned pursuant to E.D. Cal. R. 302(c)(19). The motion was 20 taken under submission on the papers. ECF No. 12. For the reasons set forth below, the 21 undersigned recommends plaintiff’s motion be DENIED. 22 I. Relevant Background 23 Plaintiff filed this complaint seeking declaratory relief on October 11, 2024, asserting 24 jurisdiction pursuant to 28 U.S.C. §1332. ECF No. 1 at 2. Plaintiff Progressive Direct Insurance 25 Company (“Progressive”) is an insurance company seeking a declaratory judgment that it has no 26 duty to defend or indemnify in relation to an underlying state court action. Id. On July 19, 2024, 27 underlying…