Johnston

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 UNITED STATES LIABILITY No. 2:18-cv-02729-TLN-AC INSURANCE COMPANY, a Pennsylvania corporation, Plaintiff, ORDER v. ROGER JOHNSTON, an individual; KIRK JOHNSTON, an individual; and DOES 1– 10, inclusive, Defendants. 18 This matter is before the Court on Plaintiff United States Liability Insurance Company’s (“Plaintiff”) Motion for Summary Judgment. (ECF No. 11.) Defendants Roger Johnston and Kirk Johnston (collectively, “Defendants”) submitted an opposition. (ECF No. 15.) Plaintiff filed a reply. (ECF No. 16.) Also before the Court is Defendants’ Motion for Leave to File a Counterclaim. (ECF No. 19.) Plaintiff filed an opposition, and Defendants filed a reply. (ECF Nos. 20, 21.) For the reasons set forth below, the Court hereby GRANTS Plaintiff’s Motion for Summary Judgment (ECF No. 11) and DENIES as moot Defendants’ Motion for Leave to File a Counterclaim (ECF No. 19). /// /// I. FACTUAL AND PROCEDURAL BACKGROUND 2 …