Bristol v. Hughes

UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 Case No.: 2:16-cv-00705-JCM-CWH GABRIEL M. BRISTOL, an individual, Plaintiff, JUDGMENT AGAINST 11 COUNTER-DEFENDANT GABRIEL v. BRISTOL ELIZABETH JOAN HUGHES, an individual, 14 Defendant.

15 ELIZABETH JOAN HUGHES, an individual, 16 Counter-Claimant, v. GABRIEL M. BRISTOL, an individual, Counter-Defendant.

On February 3, 2023, Counter-Claimant ELIZABETH JOAN HUGHES, Motion for Default Judgment against GABRIEL BRISTOL was filed with this Court. The time for a response has passed After Considering all papers and evidence presented and entertaining arguments of counsel, the court adopts Counter-Claimant's proposed order insofar as it appears below: 26 THEREFORE, on the Motion for Default Judgment, it is hereby ORDERED AND DECREED as follows; 1 A. THAT, the grounds for default are clearly established and the Clerk of Court properly entered a default against the Counter-Defendant.

3 B. THAT entry of Default Judgment is Warranted under Rule 55(b)(2).

4 C. THAT Counter-Claimant has satisfied the Eitel factors as outlined in their Application for Default Judgment; (1) the possibility of prejudice to the plaintiff; (2) the merits of the claim; (3) the sufficiency of the complaint; (4) the amount of money at stake; (5) the possibility of a dispute concerning material facts; (6) whether default was due to excusable neglect, and (7) the policy favoring a decision on the merits. Eitel, 782 F.2d at 1471-72. ° D. THAT the Counter-Defendant is entitled to a monetary damage award in the amount of Five Hundred Ninety Thousand, Three Hundred Nineteen Dollars and Eighty-Six Cents ($590,319.86).

D E. THAT the Counter-Defendant is entitled to an award of attorney’s fees in the amount to be determined by further motion.

IT IS SO ORDERED March13, 2023. ttid ©. Atala, °° Hon. James C. Mahan 94 United States District Judge 28 Order— 2