Seavers
Integon National Insurance Company v. Seavers
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 INTEGON NATIONAL INSURANCE No. 2:19-cv-01413 KJM AC
COMPANY,
12 Plaintiff, FINDINGS AND RECOMMENDATIONS v. 14 GARY SPEED and DAMIAN SEAVERS, 15 Defendants.
17 This case comes before the court on plaintiff’s motion for default judgment against defendant Damien Seavers. ECF No. 21 and 22 (erroneously docketed twice). The motion was referred to the undersigned pursuant to E.D. Cal. R. 302(c)(19), and was taken under submission. ECF No. 24. Both defendants in this matter filed statements of non-opposition. ECF Nos. 28 (Seavers Non-Opposition), 29 (Speed Non-Opposition). Pursuant to Federal Rule of Civil Procedure 55, default may be entered against a party against whom a judgment for affirmative relief is sought who fails to plead or otherwise defend against the action. See Fed. R. Civ. P. 55(a). However, a defendant’s default does not automatically entitle the plaintiff to a court-ordered judgment. Draper v. Coombs, 792 F.2d 915, 924-25 (9th Cir.…