Smart

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PRIMERICA LIFE INSURANCE No. 2:21-cv-00422 KJM AC

COMPANY,

12 Plaintiff,1 ORDER and v. FINDINGS AND RECOMMENDATIONS

PERRY L. SMART; WANDA CLARK;

and MORGAN JONES FUNERAL

HOME, INC.,

16 Defendants. 17 18 Defendant Perry L. Smart has filed a motion for default judgment against her two co- defendants, Wanda Clark and Morgan Jones Funeral Home. ECF No. 21. The clerk of court entered default against Ms. Clark and the defendant funeral home. ECF Nos. 15, 18. Because moving defendant Smart seeks judgment in her favor awarding her the interpleader funds deposited in this case, and there is no complaint before the court alleging that she is entitled to such interpleader funds, the motion cannot be granted. The undersigned initially issued an order denying the motion. ECF No. 26. This was in error. These findings and recommendations contain the same analysis and conclusion as the order at ECF No. 26, which is VACATED. 27 1 …