American Family Connect Property and Casualty Insurance Company v. Sass

THE HONORABLE JOHN C. COUGHENOUR UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE AMERICAN FAMILY CONNECT CASE NO. C20-5708-JCC PROPERTY AND CASUALTY INSURANCE COMPANY F/K/A IDS PROPERTY ORDER CASUALTY INSURANCE COMPANY, 12 Plaintiff, v. LEANNE M. SASS, an individual, JESUS SASS, an individual, and JASON HALL, an individual, 16 Defendants.

18 This matter comes before the Court on Plaintiff’s motion for default judgment1 against Defendants Jesus Sass and Jason Hall (Dkt. No. 17). Having thoroughly considered the motion and the relevant record, the Court FINDS as follows: 21 1. Defendant Jesus Sass was properly served in this matter on or about July 30, 2020, (Dkt.

22 No. 6 at 2), and Defendant Jason Hall was properly served in this matter on or about 23 August 31, 2020, (Dkt. No. 16 at 5); Plaintiff voluntarily dismissed Leanne Sass as a defendant in this matter, (see Dkt. No. 12), and the remaining Defendants Jesus Sass and Jason Hall have failed to appear, (see Dkt.

Nos. 6, 14). As indicated in its previous order, (see Dkt. No. 21 at 4), the Court construes Plaintiff’s motion for summary judgment as a motion for default judgment.

1 2. The Clerk entered an order of default against Defendant Jesus Sass on August 25, 2020, 2 (Dkt. No. 10), and against Defendant Jason Hall on September 23, 2020, (Dkt. No. 19); 3. Defendants Jesus Sass and Jason Hall have failed to appear or otherwise defend in this 4 action; and 4. The factors set forth in Eitel v. McCool, 782 F.2d 1470, 1471–72 (9th Cir. 1986) support 6 granting default judgment in Plaintiff’s favor.

7 Accordingly, the Court ORDERS as follows: 1. Plaintiff’s motion for default judgment against Defendants Jesus Sass and Jason Hall 9 (Dkt. No. 17) is GRANTED; 10 2. Policy No. BX10493785 between Plaintiff and Defendant Leanne Sass provides no 11 Liability or PIP coverage for, and Plaintiff has no duty to defend or to indemnify, 12 Defendants Jesus Sass and/or Jason Hall relating to the February 22, 2020 accident 13 involving Leanne Sass’ 2005 Subaru Baja.

15 DATED this 6th day of July 2021.

A John C. Coughenour 19 UNITED STATES DISTRICT JUDGE