Don Rose v. Abraham et al
Filing
130
ORDER ADOPTING Amended Findings and Recommendations and GRANTING Plaintiff's Motion for Default Judgment and CLOSING Case 113 , 114 , 126 , 129 , signed by Chief Judge Anthony W. Ishii on 1/30/12: The Clerk of Court is DIRECTED to enter final judgment in favor of Plaintiff and against Defendants consistent with this order. (Hellings, J)
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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Plaintiff,
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v.
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SAMUEL ABRAHAM, et al.,
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Defendants.
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____________________________________)
DON ROSE,
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1:08-CV-606 AWI JLT
ORDER ADOPTING
AMENDED FINDINGS AND
RECOMMENDATION AND
GRANTING PLAINTIFF’S
MOTION FOR DEFAULT
JUDGMENT AND CLOSING
CASE
(Doc. Nos. 113, 114m 126, 129)
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Plaintiff Don Rose moved for Default Judgment against Defendants. This matter was
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referred to United States Magistrate Judge Jennifer L. Thurston pursuant to 28 U.S.C. § 636(b)
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and Local Rules 302 and 304.
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On December 22, 2011, the Magistrate Judge filed a Findings and Recommendation
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recommending that Plaintiff’s motion be granted in part and denied in part. Plaintiff filed timely
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objections.
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On January 9, 2012, the Magistrate Judge issued an Amended Findings and
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Recommendation, and withdrew the previously issued December 22, 2011 Findings and
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Recommendation. The Amended Findings and Recommendation again recommend granting in
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part and denying in part Plaintiff’s motion. The parties were given fourteen (14) days to file
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objections to the Amended Findings and Recommendation. No party has filed an objection or
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response of any kind to the Amended Findings and Recommendation.
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In accordance with the provisions of 28 U.S.C. § 636 (b), this Court has conducted a
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review of the case. Having carefully reviewed the entire file, the Court concludes that the
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Magistrate Judge’s Amended Findings and Recommendation (Doc. No. 129) is supported by the
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record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
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The Amended Findings and Recommendations issued January 9, 2012 (Doc. No.
129), is ADOPTED IN FULL;
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Plaintiff’s motion for default judgment (Doc. Nos. 113, 114) is GRANTED in part
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and DENIED in part as follows:
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a.
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Plaintiff’s request for damages is GRANTED in the amount of
$3,273,938.13;
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b.
Defendants Samuel Abraham, Steven Duce, Alicia Duce, Bella Robles
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Corporation, Inc., Lance Slayton, and Landmark, Ltd. shall be held jointly
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and severally liable in the amount of $3,273,938.13;
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c.
Defendant Roger Fontaine shall be held joint and severally liable with the
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other defendants for $600,000 of the total judgement amount of
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$3,273,938.13;
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d.
Plaintiff’s request for punitive damages is DENIED;
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e.
Plaintiff’s request for attorney’s fees and costs is GRANTED in the
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amount of $46,549.32.; and
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The Clerk of Court is DIRECTED to enter final judgment in favor of Plaintiff and
against Defendants consistent with this order.
IT IS SO ORDERED.
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Dated:
0m8i78
January 30, 2012
CHIEF UNITED STATES DISTRICT JUDGE
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