Smart

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PRIMERICA LIFE INSURANCE No. 2:21-cv-0422 KJM-AC

COMPANY,

12 Plaintiff,1 13 v.

PERRY L. SMART; WANDA CLARK;

and MORGAN JONES FUNERAL FINDINGS AND RECOMMENDATIONS

HOMES INC.,

16 Defendants.

PERRY L. SMART,

19 Cross-Claimant, 20 v. 21 WANDA CLARK and MORGAN JONES FUNERAL HOMES, INC., Cross-Defendants. 24 Cross-complainant Perry L. Smart has filed a motion for default judgment against co- 25 defendants Wanda Clark and Morgan Jones Funeral Home (“MJFH”). ECF No. 36. The motion

Plaintiff has been terminated from this action, as reflected on the docket and explained below. The dispute before the court is among defendants. 28 is based on Smart’s cross-complaint against Clark and MJFH. ECF No. 28. The Clerk of court has entered default against Clark and MJFH based on failure to respond to the cross-complaint. ECF Nos. 34, 35. For the reasons discussed below, the undersigned recommends the motion be denied. I. Procedure for Default A…