Microsoft Corporation v. John Marturano et. al.

Filing 35

ORDER ADOPTING FINDINGS and RECOMMENDATIONS 30 signed by Judge Oliver W. Wanger on 02/05/2008. It is hereby Ordered that: the Finings and Recommendations 30 are ADOPTED IN FULL; Plaintiff's motion to strike Defendant's answer and enter default 18 is GRANTED; Defendant's Answer 8 is hereby STRIKEN; the Clerk of the Court is DIRECTED to enter default in favor of Plaintiff and against Defendant. (Arellano, S.)

Microsoft Corporation v. John Marturano et. al.

Doc. 35

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 Plaintiff, 11 v. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On December 4, 2006, Microsoft Corporation ("Plaintiff"), filed a Complaint to recover damages arising from alleged infringement of Microsoft's copyrights and trademarks of its software and related components by the Defendant, John Marturano ("Defendant"). On November 2, 2007, Plaintiff filed a motion to strike Defendant's Answer and requested that the Court enter default. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. On, December 27, 2007, the Magistrate Judge filed Findings and Recommendations herein which was served on Defendant and which contained notice to Defendant that any objections to the Findings and Recommendations were to be filed within thirty days. Defendant did not file a timely Objection to the Findings and Recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 73-305, this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and Recommendations to be supported by the record and by proper analysis. 1
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UNITED STATES DISTRICT COURT

MICROSOFT CORPORATION,

CASE NO. 1:06-CV-1747 OWW GSA ORDER ADOPTING FINDINGS AND RECOMMENDATIONS

JOHN MARTURANO, an individual, d/b/a/ J & T COMPUTERS & PARTS, Defendant. /

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Accordingly, IT IS HEREBY ORDERED that: 1. 2. 3. The Findings and Recommendations, filed December 27, 2007, are adopted in full; Plaintiff's motion to strike Defendant's Answer and enter default is GRANTED; Defendant John Marturano, an individual d/b/a J & T Computers & Parts' Answer is hereby STRICKEN; and 4. The Clerk of the Court is directed to enter default in favor of Microsoft Corporation and against Defendant John Marturano an individual d/b/a J & T Computers & Parts.

IT IS SO ORDERED. Dated: February 5, 2008 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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