Family Tree Farms, LLC

Filing 39

ORDER signed by Chief Judge Anthony W. Ishii on 4/17/2009 ADOPTING IN FULL 38 Findings and Recommendations; GRANTING Plaintiff's Motion for Judical Notice; GRANTING 31 Motion for Default Judgment in favor of Plaintiff, Family Tree Farms, LLC, and against Defendant, Alfa Quality Produce, Inc. and DIRECTING Clerk to enter Judgment. CASE CLOSED. (Lundstrom, T)

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ) ) Plaintiff, ) 11 v. ) ) 12 ALFA QUALITY PRODUCE, INC., et) al., ) 13 ) Defendants. ) 14 ) ) 15 10 16 17 Plaintiffs are proceeding with a civil action in this Court FAMILY TREE FARMS, LLC, 1:08-cv-00481-AWI-SMS ORDER RE: FINDINGS AND RECOMMENDATIONS RE: PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AND REQUEST FOR JUDICIAL NOTICE (DOCS. 38, 31, 33) ORDER DIRECTING ENTRY OF JUDGMENT FOR PLAINTIFF AND AGAINST DEFENDANTS

18 and have filed a motion for default judgment against two 19 defendants. The matter came before the Magistrate Judge pursuant 20 to 28 U.S.C. § 636(b) and Local Rule 72-302(c)(19). 21 On March 5, 2009, the Magistrate Judge filed findings and a

22 recommendation that Plaintiff's motion for default judgment 23 against Defendants Alfa Qualify Produce, Inc., and Mouiz Khalifeh 24 be granted, and that judgment be entered in favor of Plaintiff 25 and against Defendants. The findings and recommendation were 26 served on all parties on March 5, 2009, and contained notice that 27 any objections to the findings and recommendations were to be 28 filed within thirty (30) days of the date of service of the 1

1 order. The time period for filing objections has run, and no 2 party has filed any objections. 3 In accordance with the provisions of 28 U.S.C. § 636

4 (b)(1)(C) and Britt v. Simi Valley United School Dist., 708 F.2d 5 452, 454 (9th Cir. 1983), this Court has conducted a de novo 6 review of the case. Having carefully reviewed the entire file, 7 the Court finds that the report and recommendation are supported 8 by the record and proper analysis. 9 10 Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendation filed March 5, 2009, are

11 ADOPTED IN FULL; and 12 13 14 2. Plaintiff's motion for judicial notice IS GRANTED; and 3. Plaintiff's motion for default judgment IS GRANTED; and 4. The Clerk IS DIRECTED TO ENTER judgment in favor of

15 Plaintiff Family Tree Farms, LLC, and against Defendant Alfa 16 Quality Produce, Inc., on all claims, for $117,727.70 in damages; 17 $1617.50 in costs; prejudgment interest at the rate of ten per 18 cent per annum to run beginning on April 8, 2008, the date of the 19 filing of the complaint; and post-judgment interest at the 20 federal rate pursuant to 28 U.S.C. § 1961, to be calculated "from 21 the date of the entry of judgment, at a rate equal to the weekly 22 average 1-year constant maturity Treasury yield, as published by 23 the Board of Governors of the Federal Reserve System, for the 24 calendar week preceding the date of the judgment"; and 25 4) The Clerk IS DIRECTED TO ENTER judgment in favor of

26 Plaintiff Family Tree Farms, LLC, and against Defendant Mouiz 27 Khalifeh, on Plaintiff's third and fourth claims for fraud and 28 negligent misrepresentation, for $117,727.70 in damages; $1617.50 2

1 in costs; prejudgment interest at the rate of seven per cent per 2 annum to run beginning on April 8, 2008, the date of the filing 3 of the complaint; and post-judgment interest at the federal rate 4 pursuant to 28 U.S.C. § 1961, to be calculated "from the date of 5 the entry of judgment, at a rate equal to the weekly average 16 year constant maturity Treasury yield, as published by the Board 7 of Governors of the Federal Reserve System, for the calendar week 8 preceding the date of the judgment." 9 10 IT IS SO ORDERED. 11 Dated: 0m8i78 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 April 17, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE