J & J Sports Productions, Inc. v. Veloz et al

Filing 38

ORDER ADOPTING 37 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER STRIKING 19 Defendant's Answer; and ORDER Directing Plaintiff to File a Motion for Default Judgment Within Forty-Five (45) Days, signed by District Judge Lawrence J. O'Neill on 5/16/2012. (Jessen, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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J & J SPORTS PRODUCTIONS, INC.,

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Plaintiff,
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v.
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JUAN MANUEL VELOZ et al.,
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Defendants.
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_______________________________________ )

Case No.: 1:10-cv-00761 LJO JLT
ORDER ADOPTING IN FULL THE FINDINGS
AND RECOMMENDATIONS STRIKING
DEFENDANT’S ANSWER AND ENTERING
DEFAULT
(Doc. 37)

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On April 27, 2012, the Magistrate Judge recommended the answer of defendant Juan Veloz

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(“Defendant”) be stricken, and default be entered. (Doc. 34). The Magistrate Judge noted Defendant

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had been warned that such a recommendation would result if Defendant failed to appear at the

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settlement conference scheduled for April 26, 2012. (Id. at 2) (citing Doc. 35 at 2). Further, the

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Magistrate Judge noted the Court’s orders were returned as undeliverable, and Defendant failed to

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provide an updated address with the Court. (Id.) Given the Court’s inability to communicate with

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Defendant, the Magistrate Judge determined no lesser sanction against Defendant was feasible.

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The Findings and Recommendations contained a notice that any objections were to be filed

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within fourteen days of service, or by May 11, 2012. (Doc. 37 at 4). The parties were advised

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failure to file timely objections may waive the right to appeal the District Court’s order. (Id.)

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However, to date, no objections have been filed.
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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley

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United School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court has conducted a de novo review

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of the case. Having carefully reviewed the entire file, the Court finds that the findings and

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recommendation are supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED:

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1.

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The Findings and Recommendations filed April 27, 2012 (Doc. 37), are
ADOPTED IN FULL;

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2.

Defendant’s answer is STRICKEN; and

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3.

Plaintiff SHALL file its motion for default judgment within 45 days of the date of

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66h44d
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service of this Order.
IT IS SO ORDERED.
May 16, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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