Case Information
*1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
* * *
GOLIGHTLY & VANNAH, PLLC, Case No. 3:16-cv-00144-MMD-VPC
Plaintiff, ORDER v.
HAL HAMLETT, an individual; JESSICA HAMLETT, an individual; JAIDYN
HAMLETT, a minor; JONATHAN
HOLLAND, a minor, REGIONAL
EMERGENCY MEDICAL SERVICE
AUTHORITY; CHRISTIAN PURGASON, D.O., dba NORTHERN NEVADA
EMERGENCY PHYSICIANS; TJ ALLEN, LLC; RENOWN REGIONAL MEDICAL
CENTER; RENO ORTHOPAEDIC CLINIC,
LTD., DR. CHRISTENSEN; RENO RADIOLOGICAL ASSOCIATES,
CHARTERED; ROBERT G. BERRY, JR., M.D., PROFESSIONAL CORPORATION
dba ORTHOPEDIC REHABILITATION
SPECIALISTS OFNV; UNIVERSAL
SERVICES, INC.; OPERATING
ENGINEERS FUNDS, INC., dba OPERATING ENGINEERS HEALTH &
WELFARE TRUST FUND; DOE Defendants I through X; ROE
CORPORATION Defendants XI through
XX,
Defendants.
In this interpleader action, Plaintiff Golightly & Vannah, PLLC interpleads settlement proceeds (“Settlement Proceeds”) for their clients obtained as a result of an automobile collision claim. Plaintiff alleges that Defendants may have existing liens against the against the Settlement Proceeds. (ECF No. 1-1 at 5.) Before the Court is *2 Plaintiff’s motion for default judgment (ECF No. 56), seeking judgment against those defendants who have failed to appear or otherwise respond to the complaint: Reno Radiology Associates, Regional Emergency Medical Services Authority; Robert G. Berry, Jr., M.D., Professional Corporation; Reno Orthopedic Ltd.; Dr. Christensen; Christian Purgason, D.O. dba Northern Nevada Emergency Physicians (collectively, “Non - Answering Defendants”).
The Court finds that default judgment is proper. Plaintiff has satisfied the procedural requirements for default judgment pursuant to Fed. R. Civ. P. 55(b). The Clerk properly entered a default against the Non-Answering Defendants pursuant to Fed. R. Civ. P. 55(a) because the Non-Answering Defendants have failed to appear after having been properly served. (ECF No 55.) Plaintiff has also satisfied the factors for obtaining default judgment articulated in Eitel v. McCool , 782 F.2d 1470, 1471 (9th Cir. 1986). It is apparent that the Non-Answering Defendants have decided not to assert a claim over the Settlement Proceeds.
It is therefore ordered that Plaintiff’s motion for default judgment (ECF No. 56) is granted. The Non-Answering Defendants have forfeited any claim to the Settlement Proceeds.
It is further ordere d that Defendant Universal Services, Inc.’s motion for disbursement of funds (ECF No. 43) is granted. With respect to the amount of Settlement Proceeds in the amount of $11,240.00 for Jessica Hamlett, the Court orders disbursement of funds as follows:
TJ Allen, LLC: $2,255.00
Universal Services, Inc.: $1,728.00
Plaintiff: $5,225.77 ($3,926.67 ( perfected attorney’s lien ) + $1,299.10 (costs related to this action))
Jessica Hamlet: $2,031.23
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/// *3 It is further ordered that the joint motion to disburse interpleader funds as to Defendants Hal Hamlett and Jaidyn Hamlett (ECF No. 50) is granted. With respect to the Settlement Proceeds in the amount of $11,944.00 for Hal Hamlett, the Court orders disbursement of funds as follows:
Hal Hamlett: $1,500.00
Plaintiff: $1,118.56
TJ Allen, LLC: $250.00
Northern Nevada Operating Engineers Health and Welfare Trust Fund (“Trust Fund”): $9,075.44
With respect to the Settlement Proceeds in the amount of $656.00 for Jaidyn Hamlett, the Court orders disbursement of funds as follow:
Jaidyn Hamlett: $250.00
Plaintiff: $59.62
Trust Fund: $346.38
The Clerk is directed to enter judgment in accordance with this Order and close this case.
DATED THIS 27 th day of February 2017.
MIRANDA M. DU UNITED STATES DISTRICT JUDGE