PHL Variable Insurance Company v. Crescent Financial & Insurance Agency, Inc. et al
| PHL Variable Insurance Company |
| Crescent Financial and Insurance Agency, Inc. and Michael C Monday |
| 2:2016cv01307 |
| February 25, 2016 |
| US District Court for the Central District of California |
| Christina A. Snyder |
| Andrew J. Wistrich |
| Insurance |
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The following documents for this case are available for you to view or download:
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Filing
87
FINAL JUDGMENT by Judge Christina A. Snyder: Plaintiff is awarded $352.109.80 jointly and severally against Defendants Crescent Financial Insurance Agency, Inc. and Michael C. Monday. It is further ORDERED that Plaintiff is awarded $10,64 2.20 from and against Defendant Crescent in attorneys fees. It is further ORDERED that Plaintiff is awarded postjudgment interest on the amounts awarded herein at the rate determined by law. It is further ORDERED that Plaintiff is awarded costs as th e prevailing party and shall file a bill of costs.The amounts awarded herein are in addition to the discovery sanctions awardof $1,288.00 ordered on October 24, 2017. All relief not awarded herein is hereby denied. This judgment is final and disposes of all claims and all parties. (lc) Modified on 5/11/2018 (lc).
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Filing
85
MINUTES OF Motion Hearing held before Judge Christina A. Snyder: RE: PLAINTIFFS MOTION FOR DEFAULT JUDGMENT AGAINST MICHAEL C. MONDAY 84 . The Court hereby GRANTS plaintiffs motion for entry of default judgment against Monday. The Court further ORDERS that a constructive trust be imposed on the commissions wrongfully retained by Monday in the amount of $352,109.80. Court Reporter: Laura Elias. (Made JS-6. Case Terminated.) Court Reporter: Laura Elias. (lc). Modified on 5/1/2018 (lc).
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Filing
82
MINUTES OF MOTION HEARING HELD by Judge Christina A. Snyder: RE: PLAINTIFFS AMENDED MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT CRESCENT FINANCIAL& INSURANCE AGENCY, INC. 57 AND PLAINTIFFS MOTION FOR SANCTIONS AGAINST DEFENDANT MICHAEL C. MONDAY 58 . The Court GRANTS in part and DENIES in part plaintiffs motion for entry of default judgment against defendant Crescent. Specifically,the Court GRANTS the motion with respect to plaintiffs breach of contract claim. The Court DENIES the motion w ith respect to all remaining claims. It is hereby ORDERED that judgment be entered in favor of plaintiff. Defendant shall be liable to plaintiff in the amount of $362,752, which is comprised of: $352,109.80 in damages $10,642.20 in attorneys fees.Mondays answer is hereby STRICKEN and the Clerk is directed to enter default against Monday. Court Reporter: Laura Elias. (lc) Modified on 3/28/2018 (lc).
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Filing
41
MINUTES (IN CHAMBERS) - PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT AND DEFAULT JUDGMENT AGAINST CRESCENT FINANCIAL & INSURANCE AGENCY, INC. by Judge Christina A. Snyder: The Court ORDERS the Clerk to enter default against defendant Crescent pursuan t to Federal Rule of Civil Procedure 55(a). However, the Court DENIES plaintiffs application for entry of default judgment 38 without prejudice. Plaintiff is directed to submit a revised motion for default judgment including (1) a declaration affir ming that Crescent has been properly served with notice, Fed. R. Civ. P. 55(b)(2); C.D. Cal. R. 55-1, 55-2; and (2) a more detailed declaration or additional documentary evidence to prove up the amount of damages requested. Plaintiff should identify the number of insurance policies that lapsed within a year of issuance (and, if possible, identify the policies by number and/or insured) in addition to the amount of the commission on each policy that Crescent failed to repay. Court Reporter: Not Present. (gk)
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Filing
35
MINUTE ORDER (IN CHAMBERS) - ORDER TO SHOW CAUSE WHY CRESCENT FINANCIAL & INSURANCE AGENCY, INC.'S ANSWER SHOULD NOT BE STRICKEN 32 by Judge Christina A. Snyder. Crescent has not filed any response to the Courts order to show cause. Acco rdingly, Crescent's answer is hereby STRICKEN and plaintiff is directed to seek entry of a Clerk's default and a default judgment against Crescent. On July 19, 2017, plaintiff filed a supplement to its motion to continue the dates set dur ing the September 12, 2016 scheduling conference. Dkt. 33 ; see dkt. 20 (original scheduling order). The Court granted the continuances that plaintiff seeks in its July 13,2017 order. See dkt. 32 at 3. Accordingly, plaintiff's supplemental motion to continue is DENIED as moot. IT IS SO ORDERED. (lom) Modified on 8/15/2017 (lom).
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Filing
32
MINUTES (IN CHAMBERS) - ORDER TO SHOW CAUSE WHY CRESCENT FINANCIAL & INSURANCE AGENCY, INC. ANSWER SHOULD NOT BE STRICKEN; PLAINTIFF'S MOTION TO CONTINUE SCHEDULING DATES by Judge Christina A. Snyder: Defendant Crescent Financial & Insurance Age ncy, Inc. has failed to comply with the Court's 5/16/2017 order by retaining counsel to defend this action. Crescent is hereby ORDERED TO SHOW CAUSE no later than 7/28/2017, why its answer should not be stricken and default entered against it. P laintiff PHL Variable Insurance Company's motion to continue trial and other dates 28 is GRANTED. It is hereby ordered that: The Discovery Cut-off is continued to 8/29/2017. Motions due by 9/7/2017. Final Pretrial Conference is continued to 11/13/2017 11:00 AM before Judge Christina A. Snyder.Bench Trial is continued to 11/21/2017 09:30 AM before Judge Christina A. Snyder. Court Reporter: Not Present. (gk)
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